Land Use and Development Code Town of Gorham Maine

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Maine Town Documents Maine Government Documents

1972

Land Use and Development Code Town ofGorham MaineGorham (Me.). Zoning Committee

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LAND USE AND DEVELOPMENT CODE

TOWN OF GORHAM, MAINE

Effective August 1, 1972

As Amended and Printed November 2004 Amended December 7, 2004 Amended November 1, 2005 Amended January 3, 2006

Amended May 2, 2006 Amended September 5, 2006

Amended July 3, 2007 Amended September 4, 2007 Amended November 13, 2007

Amended March 4, 2008 Amended August 5, 2008 Amended October 7, 2008 Amended February 3, 2009

Amended March 3, 2009 Amended April 7, 2009 Amended May 19, 2009

Amended August 4, 2009 Amended September 1, 2009 Amended December 1, 2009 Amended January 5, 2010 Amended February 2, 2010

Amended April 6, 2010 Amended May 4, 2010

Amended September 7, 2010 Amended October 5, 2010 Amended February 1, 2011

Amended March 1, 2011 Amended May 3, 2011 Amended July 5, 2011

Amended January 3, 2012 Amended March 6, 2012 Amended August 7, 2012 Amended April 2, 2013

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CHAPTER I: ZONING REGULATIONS SECTION I - GENERAL Purpose Establishment of Zones Zoning Maps Compliance Required Conflict with other Ordinances Separability Changes and Amendments Contract Zoning SECTION II - NON CONFORMANCE SECTION III - ADMINISTRATION Enforcement Officer Legal Action and Violations Fines Building Permit Application Certificate of Occupancy Fee Driveway Permits Emergency Housing SECTION IV - BOARD OF APPEALS Appointment and Composition Powers and Duties Conditions Appeal Procedure Special Exception Standards Special Exception Fees Notification SECTION V - DEFINITIONS SECTION VI - URBAN RESIDENTIAL DISTRICT SECTION VII - SUBURBAN RESIDENTIAL DISTRICT SECTION VIII - RURAL DISTRICT SECTION IX - VILLAGE CENTERS DISTRICT Subsection – Little Falls Village Center District Subsection – Gorham Village Center District SECTION X - URBAN COMMERCIAL DISTRICT SECTION XI - ROADSIDE COMMERCIAL DISTRICT SECTION XII - INDUSTRIAL DISTRICT SECTION XIII - COMMERCIAL/OFFICE DISTRICT SECTION XIV - OFFICE-RESIDENTIAL DISTRICT SECTION XV - MANUFACTURED HOUSING PARK OVERLAY DISTRICT

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SECTION XVI - NARRAGANSETT DEVELOPMENT DISTRICT . SECTION XVII – BLACK BROOK AND BRACKETT ROAD SPECIAL PROTECTION DISTRICT SECTION XVIII – DEVELOPMENT TRANSFER OVERLAY DISTRICT

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CHAPTER I ZONING REGULATIONS SECTION I - GENERAL A. PURPOSE This Chapter is designed for all the purposes of zoning embraced in Maine Revised

Statutes and has been drafted as an integral part of a Comprehensive Plan for the Town of Gorham, Maine, to promote the health, safety and general welfare of its residents. Among other things, it is designed to encourage the most appropriate use of land throughout the Town; to promote traffic safety; to provide safety from fire and other hazards; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome home environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of unbuilt areas; to encourage the formation of community units; to provide an allotment of land area in new developments sufficient for all the requirements of community life; to conserve natural resources; and to provide for adequate public services.

B. ESTABLISHMENT OF ZONES To implement the provisions of this Chapter, the Town of Gorham is hereby divided

into the following classes of Districts: Urban Residential UR Suburban Residential SR Rural R Village Centers VC Urban Commercial UC Roadside Commercial RC Industrial I Roadside Office RO Office-Residential OR Shoreland Overlay District Resource Protection Subdistrict Stream Protection Subdistrict C. ZONING MAPS

The location and boundaries of the above districts are hereby established as shown on a map entitled "Zoning Map of the Town of Gorham," dated 1975, and on the "Official Shoreland Zoning Map," adopted June 2, 1992, as amended, prepared by the Gorham Planning Board and kept on file at the Gorham Municipal Office, which maps with all explanatory matter thereon, and all amendments thereto, shall be deemed to be and are hereby made part of this Code. When uncertainty exists with respect to district boundaries as shown upon the "Zoning Map of the Town of Gorham," or amendments thereto, the following shall apply:

1) Unless otherwise indicated, district boundary lines are the center lines, plotted at

the time of adoption of this Code of streets, alleys, parkways, waterways, or rights-of-way of public utilities and railroads or such lines extended.

2) Other district boundary lines which are not listed in the preceding paragraph shall

be considered as lines paralleling a street and at distances from the center lines of such streets as indicated by the official Zoning Maps on file in the Gorham Municipal Office. In the absence of a written dimension, the graphic scale on the official Zoning Maps shall be used.

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D. COMPLIANCE REQUIRED

1) No building or structure shall be erected, altered, enlarged, rebuilt, moved or used and no premises shall be used unless in conformity with the provisions of this Code except as otherwise provided in Section II of this Chapter.

2) The regulations specified by this Code for each class of district shall be minimum

requirements and shall apply uniformly to each class or kind of structure or land.

3) Land within the lines of a street on which a lot abuts shall not be considered as part of such lot for the purposes of meeting the area requirements of this chapter notwithstanding the fact that the fee to such land may be in the owner of such lot.

4) No part of a yard, or other open space, or off-street parking or loading space

about or in connection with any building and required for the purpose of complying with this Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

5) When a lot of record at the time of enactment of this Code is transected by a

Zoning District Boundary, the regulations set forth in this chapter applying to the larger part by area of such lot may also be deemed to govern in the smaller area beyond such zoning district boundary but only to an extent not more than fifty (50) linear feet in depth beyond said zoning district boundary.

6) In any district, notwithstanding limitations imposed by other sections of this Code,

single lots of record at the effective date of adoption or amendment of this Code may be built upon consistent with other provisions of this Code. Such lots shall be in separate ownership and not contiguous with other lots in the same ownership. This provision shall apply even though such lots fail to meet the minimum requirements for area or width, or both, which are applicable in the district, provided that yard dimensions and other requirements, not involving area or width, or both, of the lot shall conform to the regulation for the district in which such lot is located. Variance of yard and other requirements not involving area or width shall be obtained only through action of the Board of Appeals.

7) More than 1 principal building shall be located on a lot only if one of the following

conditions have been met:

a) The development was approved in accordance with the provisions of Chapter II, Section IV or

b) The development was approved in accordance with the provisions of

Chapter IV, or

c) The street frontage requirement, without variance, is met for each principal building or structure located on the lot, and the placement of the buildings will allow division of the lot in conformance with the space and bulk regulations of the District in which it is located.

E. CONFLICT WITH OTHER ORDINANCES Wherever the requirements of this Code are inconsistent with the requirements of

any other ordinance or statute, the more restrictive requirement shall apply.

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F. SEPARABILITY

In the event that any section, subsection or any portion of this Code shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or other portion of this Code; to this and, the provisions of this Code are hereby declared to be severable.

G. CHANGES AND AMENDMENTS Any proposal to amend the official zoning map of the Town or to amend any provision of

this Chapter shall be accompanied by a nonrefundable fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order

1,

which shall be paid at the time the request is filed with the Planning Board. This fee shall be waived if the request is initiated by the Town. A proposed amendment shall be considered Town-initiated if it is proposed by the Town Council, Planning Board, Board of Appeals, the Town's Comprehensive Plan, or staff charged with the administration or enforcement of this Chapter.

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the proposed amendment, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the proposed amendment:

1) Publishing and public notice fee; 2) Application

2 fee; and

3) Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section IX of this Code.

All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code.

3

Such proposed amendments shall be heard by the Planning Board, which shall, after

public hearing, make a recommendation on the proposal to the Town Council. In accordance with state law, the Town Council shall act on the proposal after notice and hearing. Such notice shall be given in a newspaper of general circulation in the Town no less than seven days in advance of the public hearing. No proposal to amend the official zoning map shall be entertained within one year from the date of denial of the same request.

Copies of amendments to Chapter II, Section I.E. and/or to the Shoreland Overlay District depicted on the Official Shoreland Zoning Map, attested and signed by the Town Clerk, shall be submitted to the Commissioner of Environmental Protection following adoption by the Town Council and said amendments shall not become effective unless approved by the Commissioner; provided, however, that if the Commissioner fails to act upon any such amendments within forty-five (45) days after receipt of such amendment, such amendment shall be deemed approved; that notwithstanding 1 M.R.S.A. Section 302, such amendment, upon approval or deemed approval by the Commissioner, shall have an effective date retroactive to their effective date under Town charter; and that such amendment shall govern all applications for a shoreland zoning permit submitted to the

1 Amended September 3, 1996

2 Amended December 1, 2009


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Town within said forty-five (45) day period if such amendment is approved or deemed approved. Amendments to the Shoreland Overlay District depicted upon the Official Shoreland Zoning Map shall be shown on said map within thirty (30) days after the approval or deemed approval by the Commissioner of said amendment.

H. CONTRACT ZONING

1

(l) Pursuant to 30-A M.R.S.A., Section 4352(8), conditional or contract zoning is

hereby authorized for:

a) non-residential development where, for reasons such as the unusual nature or unique location of the development proposed, the Town Council finds it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain conditions or restrictions not generally applicable to other properties similarly zoned, or

b) residential development where the Town Council finds that, due to the

nature of location of the proposed development, there will be significant public benefit to the community as a result of the rezoning and that such public benefit is consistent with and advances the goals and policies of the Town’s adopted Comprehensive Plan, provided that appropriate conditions or restrictions, not generally applicable to other properties similar zoned, are imposed by agreement with the property owner.

All rezoning under this section shall establish rezoned areas which are compatible with the existing and permitted uses within the original zones. Contract or conditional zoning involving residential uses shall be allowed only when those residential uses are allowed by the original zoning. Nothing in this section shall authorize a rezoning, or an agreement to change or retain a zone, which is inconsistent with the Town's Comprehensive Plan.

(2) Any proposal to amend the official zoning map of the Town through the

establishment of a contract zone shall be accompanied by a non-refundable fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order

2, which shall be paid at the time the request is

filed with the Planning Board.

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the contract zone proposal, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the contract zone proposal:

(a) Publishing and public notice fee; (b) Application

3 fee; and

(c) Independent consulting and peer review escrow account to be

established with the Town in accordance with Chapter II, Section IX of this Code.

4

1 Amended August 5, 2003




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(3) The Planning Board and the Town Council shall each conduct a public hearing prior to any property being rezoned under this section. Notice of this hearing shall be posted in the Town Clerk's office at least fourteen (14) days prior to each public hearing and shall be published in a newspaper of general circulation within the Town at least two (2) times, the date of the first publication to be at least seven (7) days prior to each hearing.

Notice shall also be sent to all abutters and abutters of abutters to the property to be rezoned at their last-known address. This notice shall contain a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned.

(4) Conditions and restrictions imposed under the authority of this section shall relate

only to the physical development and operation of the property and may include, by way of example:

(a) Limitations on the number and types of uses permitted;

(b) Restrictions on the scale and density of development;

(c) Specifications for the design and layout of building and other

improvements;

(d) Schedules for commencement and completion of constructions;

(e) Performance guarantees securing completion and maintenance of improvements, and guarantees against defects;

(f) Preservation of open space and buffers, and protection of natural areas

and historic sites;

(g) Contributions toward the provision of municipal services required by the development; and

(h) Provisions for enforcement and remedies for breach of any condition

restriction.

(5) No proposal to amend the official zoning map shall be entertained within one year from the date of denial of the same request.

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SECTION II - NONCONFORMANCE 1) Any lawful use of buildings, structures, premises, land or parts thereof existing at

the effective date of this Code and made non conforming by the provisions of this chapter or any amendments thereto may be continued subject to the provisions of this section.

2) If any non conforming use of land or buildings, or parts thereof, ceases or is

discontinued for any reason for a period of one year or more, irrespective of the intent of the owner or occupier thereof not to abandon said use, the use may not be resumed and the property shall be used only for purposes allowable in the district where located.

3) Whenever a non conforming use is changed to a permitted use, such use shall

not thereafter revert to non-conforming status notwithstanding any other provisions of this chapter.

4) The Board of Appeals may grant permission for the enlargement or physical

replacement of any use or structure made legally non-conforming by the district provisions of this chapter; provided, however, no enlargement or physical replacement of any such structure may encroach any further into any setback than the existing structure. In reviewing all such applications for enlargement or physical replacement, the Board of Appeals shall use criteria established herein for the consideration of special exceptions. The above notwithstanding, the Code Enforcement Officer, except in an Industrial Zone, may issue a building permit pursuant to Section III, D. of this Chapter for the enlargement or physical replacement and/or expansion of a non-conforming single family structure or residential accessory structure not located within the shoreland zoning overlay district without Board of Appeals approval, provided that the enlargement or physical replacement does not make the structure more nonconforming than that which currently exists and that the Code Enforcement Officer determines that such enlargement or physical replacement meets the criteria established herein for the consideration of special exceptions. Replacement and/or expansion of nonconforming structures within the shoreland zoning overlay district will be reviewed by the Board of Appeals in accordance with the requirements set forth in Chapter II, Section I.E., 6 of this Code.

1

5) The Board of Appeals may grant permission for the conversion of a legally

existing non-conforming use into another non-conforming use if the Board finds that the new non-conforming use will be more conforming to the intent of the Zoning Ordinance and more compatible with the existing development of the neighborhood than the existing use. The existing non-conforming use shall be discontinued if the conversion is approved by the Board of Appeals. In determining the conformance of the proposed use, the Board of Appeals shall find:

1) That the existing use was legally established, was made non-conforming

by the adoption or amendment of the Land Use and Development Code and is not a home occupation.

2) That the proposed use is of the same character or less obnoxious than

the current non-conforming use to be changed from. The determination as to whether such a use is of the same character or less obnoxious is to be made by a reference to the most restrictive zoning district where the current non-conforming use is permitted in the Town. Any use permitted in that zone may be substituted for a current non-conforming use as the same or less obnoxious use so long as the Board finds that the conversion meets the other standards thereof.


11/2004 9

3) That the proposed use shall not create a traffic hazard nor increase an existing traffic hazard.

4) That the amount of parking required to meet the minimum ordinance

requirements for the proposed use shall be existing on the site.

5) That the amount of noise, odors, vibrations, smoke, dust and air discharges of the proposed use shall be equal to or less than the present use.

6) That the amount of surface water runoff from the site shall not be

increased.

7) That the hours of operations of the proposed use are compatible with the surrounding land uses.

8) That the proposed use shall not increase the adverse impact on

surrounding properties. If the Board of Appeals approves the conversion of one non-conforming use to a new

use, the project shall be reviewed and approved by the Planning Board under the Site Plan Review requirements of Chapter IV prior to the issuance of permits or occupancy of the building if no permits are required.

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SECTION III - ADMINISTRATION A. ENFORCEMENT OFFICER

It shall be the duty of the Code Enforcement Officer or other person duly authorized by the Town of Gorham to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, he shall notify in writing the owner or occupant, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Code to insure compliance with or to prevent violation of its provisions.

B. LEGAL ACTION AND VIOLATIONS

When any violation of any provisions of this Code shall be found to exist, the Town Council or the Code Enforcement Officer may institute any and all actions and proceedings either legal or equitable that may be appropriate or necessary for the enforcement of the provisions of this chapter, the same to be brought in the name of the Town. This provision shall not prevent any person aggrieved by a violation of this Code from taking appropriate legal action against the violator.

C. FINES AND PENALTIES1

The fines and penalties contained in 30A MRSA Section 4452 shall apply to any violations of this Ordinance.

D. BUILDING PERMIT

No building or other structure shall be erected, moved, added to, or structurally

altered without a permit therefore, issued by the Code Enforcement Officer. No building permit shall be issued except in conformity with the provisions of this Code, except after written order from the Board of Appeals. If the building or part is not substantially completed within 18 months of the issuing of the permit, the permit shall lapse. It may be renewed without charge upon application.

E. APPLICATION

1) Unless excused by the Code Enforcement Officer, all applications for building permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, the location and dimensions of the proposed building or alteration and the proposed sewage disposal system as certified by a registered land surveyor or registered civil engineer or a plumbing inspector appointed by the Town. The Code Enforcement Officer may require at his discretion additional tests to be performed under his observation and at the expense of the applicant. The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance with and provide for the enforcement of this Code.

2) In all districts, the approval of building permit applications shall be

subject to evidence of satisfactory subsurface soil conditions for drainage


11/2004 11

and sewage disposal, and where on-site septic disposal is proposed, shall be subject to prior obtainment of a plumbing permit. Such evidence shall be furnished by reference to the Soils Map of the Town prepared by the United States Soil Conservation Service, and on-site investigations approved by the Code Enforcement Officer. Where poor site conditions are shown to exist, approval of the application shall be subject to the installation of remedial measures which comply fully with all applicable State and local codes for health, plumbing, sanitation, conservation, and pollution abatement. Soil characteristics shall be based on suitability for use of properly installed disposal system continuously year round and the following points of consideration shall be made: ground water table, texture, pans, depth, permeability, percolation rate, flooding, slope, effect on ground water, that soil completely handles all free effluent without its return to the surface; six feet of depth is needed, extremely stony or very rocky is automatically very poor or unsuited, flooding is automatically very poor or unsuited, slopes of 15% to 25% or greater are rated poor for all soil which is otherwise suited because of likelihood of resurfacing and expense of installation.

3) No building or structure of any kind shall be erected and no alteration of

the natural contour of the land by grading or filling for any purpose shall be permitted in an area subject to periodic flooding or standing water.

4) For subdivisions approved after the effective date of this amendment, no

building permit shall be issued until an all-weather road access to the building lot for the Town's emergency vehicles has been provided satisfactory to the public works director. At a minimum, such road access shall be constructed of gravel to a 12-inch depth.

F. CERTIFICATE OF OCCUPANCY It shall be unlawful to use or occupy or permit the use or occupancy of any building or

premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued therefore by the Code Enforcement Officer and endorsed to the effect that the proposed use of the building or land conforms with the requirements of this chapter.

No Building Permit shall be issued until an application has been made for a Certificate of

Occupancy, and the Certificate of Occupancy shall be issued in conformity with the provisions of this Code upon completion of the work.

A temporary Certificate of Occupancy may be issued by the Code Enforcement Officer

for a period of six months during construction or alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

The Code Enforcement Officer shall maintain a public record of all Certificates of

Occupancy. Failure to obtain a Certificate of Occupancy prior to use of the premises shall be a

violation of this Code. No Certificate of Occupancy shall be issued until the applicant has presented evidence to

the Code Enforcement Officer that any restrictions or conditions of approval imposed by the Planning Board or Board of Appeals have been recorded in the Cumberland County Registry of Deeds, either by means of notation(s) on a recorded plan or by filing of such

11/2004 12

other certificate as will provide record notice of such conditions of approval. The cost of recording any such plan of certificate shall be borne by the applicant. If a Building Permit has been previously issued for the pertinent use, and if the aforementioned evidence has been previously supplied, pursuant to Chapter I, Section III (D) (2) of this Code, then redundant evidence shall not be required before Issuance of a Certificate of Occupancy.

G. FEE

The application for a building permit shall be accompanied by a

fee. The fee shall be determined from the schedule of building permit fees adopted by order of the Town Council. No building permit shall be issued until the fee is paid.

H. DRIVEWAY PERMITS Prior to the construction or alteration of any driveway or access road within the full width

of right-of-way of any town road, or if within the compact area, of a state or state-aid highway, a written driveway permit shall be obtained from the Code Enforcement Officer. The building permit for any project involving the construction or alteration of a driveway or access road shall be issued only after the appropriate driveway permit has been issued.

1) The Town Engineer or his designee shall inspect each proposed driveway

location, determine the suitability of its location and design with particular emphasis on traffic safety, drainage and erosion control, and prepare a report on the need for a culvert or other improvements within the public right-of-way.

2) The owner of the property served by the driveway or access road shall be

responsible for the costs involved in installing a culvert and the work shall be performed by a private contractor.

3) The Town Engineer or his designee shall determine that the location and design

of any driveway or access road is suitable for the intended use and the Code Enforcement Officer shall collect a sum of money sufficient to cover the installation of a culvert if necessary, prior to the issuance of any driveway permit.

4) The application for a driveway permit shall be accompanied by a fee as set forth

in the schedule of driveway permit fees adopted by order of the Town Council. No driveway permit shall be issued until the fee is paid.

I. EMERGENCY HOUSING

1) Use Permitted - The installation of a temporary mobile home or other prefabricated housing unit as emergency housing on a residential lot in the Town of Gorham shall be permitted under certain conditions for not more than one year. Emergency housing installations may be approved only to replace the principal place of residence of a Gorham resident which has been rendered uninhabitable by a natural disaster such as fire, flood, or earthquake. The use of emergency housing shall be limited to a period of not more than one year.

2) The Town Council of the Town of Gorham is authorized to issue a special permit

for the installation of an emergency housing unit. The issuance of a special permit shall require the affirmative vote of a majority of the Town Council.

3) Procedure - The nature of the permit requires timely action; therefore, no public

hearing or posting of the permit application shall be required. However, abutting property owners shall be given written notice at least 48 hours prior to the meeting at which the permit is considered.

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4) Report of CEO Required - The Code Enforcement Officer shall inspect the residence destroyed and the proposed site of the emergency housing, and shall report to Council prior to the issuance of the special permit. The CEO's report shall detail the damage to the residence, its habitability, and the suitability of the proposed emergency housing site with specific reference to water supply and sewage disposal.

5) Criteria for Issuing Permit - The Town Council shall find that the following criteria

have been met prior to issuing a special permit for emergency housing: a) That the principal residence of a Gorham resident, which shall be

owned, not rented, has been damaged by a natural act, such as fire, flood, or earthquake, so as to render it uninhabitable.

b) The presence of the resident on the site is necessary to protect

buildings or physical property, to maintain a business or agricultural activity, or to rebuild the damaged property.

c) That the site has available an adequate water supply and a suitable

sewage disposal system which complies with Town and State regulations.

d) That the resident intends to reconstruct or replace the damaged

structure with a permanent dwelling which complies with all applicable local codes and ordinances within one year of the issuance of the Special Permit.

6) Installation Standards - The installation of the temporary housing unit shall be

under the supervision of the CEO. The CEO shall establish standards of installation necessary to protect the health and safety of the occupants as well as the general welfare of neighboring residents and the general community. In addition, the placement of the temporary unit shall conform to all yard requirements of this code unless altered by the Board of Appeals.

7) Guarantee of Removal - The intent of this section is that emergency housing be

allowed for not more than one year while a permanent dwelling is being reconstructed or replaced. To assure that the temporary unit is removed at the conclusion of the year, no temporary housing permit shall become effective, and no unit shall be installed until a performance guarantee has been tendered to the Town. This performance guarantee shall be in the form of a certified check, savings account passbook or faithful performance bond running to the Town of Gorham. The amount of guarantee shall be determined by the Town Council but in no case shall be less than $1,000 and its return shall be conditioned on the removal of the temporary housing up to or before one year of the issuance of the Special Permit.

8) Action Required - Within 90 days of the issuance of a Special Permit the

applicant shall apply for a Building Permit to reconstruct the property and shall commence reconstruction of the property. If a Building Permit is not issued within 90 days and work commenced, the action of Council shall be void and the temporary housing shall be immediately removed and the grounds shall be cleaned of debris within one year.

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SECTION IV - BOARD OF APPEALS A. APPOINTMENT AND COMPOSITION

1) The Municipal Officers shall appoint members of the Board of Appeals to the Town of Gorham.

2) The Board shall consist of seven (7) members serving staggered terms of three

(3) years. To facilitate the transition from the five (5) member board to the seven (7) member board, appointments during the transition shall be made in the following manner:

(A) Members serving existing five (5) year terms shall serve to the expiration

of their current terms.

(B) One new member shall be appointed in April of 1984 to a three (3) year term expiring in 1987.

(C) One new member shall be appointed in April of 1984 to a two (2) year

term expiring in 1986.

(D) The five (5) year term expiring in 1984 shall be filled by a member serving a three (3) year term.

(E) All subsequent appointments shall be for three (3) year terms.

The Board shall elect annually a chairman and secretary from its membership.

The secretary shall provide for the keeping of the minutes of the proceedings of the Board of Appeals, which shall show the vote of each member upon each question. All minutes of the Board shall be public record. A quorum shall consist of four members. All decisions shall be by majority vote of those present and voting.

3) A Municipal Officer may not serve as a member.

4) Any question of whether a particular issue involves a conflict of interest sufficient

to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.

5) A member of the Board may be dismissed for cause by the Municipal Officers

before the expiration of his term.

B. POWERS AND DUTIES Appeals shall lie from the decision of the Code Enforcement Officer to the Board of

Appeals and from the Board of Appeals to the Superior Court as provided by law. The Board of Appeals shall have the following powers and duties:

1) Administrative Appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision, or determination made by the Code Enforcement Officer in the enforcement of this Code. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by majority vote.

Also, to hear and decide where it is alleged there is an error in any order,

requirement, decision or determination made by the Planning Board or Code

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Enforcement Officer pursuant to Chapter II, Section I.E. Such action of the Planning Board or Code Enforcement Officer may be modified or reversed by the Board of Appeals by majority vote.

2) Variance Appeals. To hear and grant, upon appeal, in specific cases variances

as defined in Section V of Chapter I hereto. Further, in the Shoreland Overlay District, variances may be granted by the Board of Appeals from water setback, shore frontage, and percent of lot coverage and for substantial expansions of nonconforming buildings and structures. In granting by majority vote any variance, the Board of Appeals may prescribe conditions and safeguards as are appropriate under this Code.

A variance may be granted by the Board only where strict application of the

ordinance, or a provision thereof, to the petitioner and his property would cause undue hardship. The words "undue hardship" as used in this subsection mean:

a) That the land in question cannot yield a reasonable return unless a

variance is granted; b) That the need for a variance is due to the unique circumstances of the

property and not to the general conditions in the neighborhood;

c) That the granting of a variance will not alter the essential character of the locality; and

d) That the hardship is not the result of action taken by the applicant

or a prior owner.

3) Single-Family Dwelling Set-Back Variance Appeals

A) Notwithstanding Section IV B 2) above, the Board of Appeals may grant a variance from the set-back provisions of this Code for a single family dwelling only when strict application of the zoning ordinance to the petitioner and the petitioner's property would cause undue hardship. "Undue hardship" as used in this subsection B, 3) means:

i) The need for a variance is due to the unique circumstances of

the property and not to the general conditions in the neighborhood;

ii) The granting of a variance will not alter the essential character of

the locality;

iii) The hardship is not the result of action taken by the applicant or a prior owner;

iv) The granting of the variance will not substantially reduce or

impair the use of abutting property; and

v) That the granting of the variance is based upon demonstrated need, not convenience, and no other feasible alternative is available.

B) This subsection B, 3) applies only to variances from set-back

requirements for a single-family dwelling that is the petitioner's primary year-round residence.

11/2004 16

C) A variance under this subsection B, 3) may not exceed 20% of the set-back requirements and may not be granted if the variance would cause the area of the dwelling to exceed the maximum permissible lot coverage under this Code.

D) In granting by majority vote any variance hereunder, the Board of

Appeals may prescribe conditions and safeguards as are appropriate under this Code.

C. CONDITIONS

In hearing appeals under this section, the Board of Appeals shall take into consideration the following:

location, character and natural features fencing and screening landscaping, topography, and natural drainage

vehicular access, circulation and parking pedestrian circulation signs and lighting

all potential nuisances In granting appeals under this section, the Board of Appeals may impose such

conditions as it deems necessary in furtherance of the intent and purpose of this Code. D. APPEAL PROCEDURE

1) In all cases, a person aggrieved by a decision of the Code Enforcement Officer shall commence his appeal within thirty (30) days after issuance of a written decision by the Code Enforcement Officer. The appeal shall be filed with the Town Clerk on forms to be approved by the Board of Appeals, and the aggrieved person shall specifically set forth on said form the grounds for said appeal. A fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order

1 shall be paid by the appellant to the Town of

Gorham the time of filing his appeal, which shall not be refundable. Each appeal shall be filed on a separate form. A separate fee shall be assessed for each appeal except that a single fee shall be assessed for multiple appeals filed by the same appellant, concerning the same property, and scheduled to be heard by the Board of Appeals at the same proceeding.

2) Before taking action on any appeal, the Board of Appeals shall hold a public

hearing. The Town Clerk shall cause notice of the appeal to be published in a newspaper of general circulation in the Town at least seven days prior to the date of hearing. The notice shall be in a form which the Town Clerk deems to be an adequate summary of the appeal.

3) Following the filing of an appeal, the Town Clerk shall notify forthwith the Board

of Appeals, the Code Enforcement Officer and the Planning Board, and the appeal shall be in order for hearing at the next meeting of the Board of Appeals following by at least 7 days the mailing of notices but within sixty (60) days of the formal appeal except that those appeals requiring Planning Board recommendation to the Board of Appeals shall be heard by the Board of Appeals within sixty (60) days following Planning Board recommendation.


11/2004 17

4) In appeals for enlargement or physical replacement of non-conforming uses, and for special permits for earth material removal, the Town Clerk shall notify by mail the owners of all property within 500 feet of the property involved of the nature of the appeal and of the time and place of the public hearing thereon.

1

5) In the case of administrative and variance appeals, the Town Clerk shall notify by

mail only the owners of property abutting the property for which an appeal is taken of the nature of the appeal and of the time and place of the public hearing thereon.

6) For the purposes of this section, the owners of property shall be considered to be

the parties listed by the Assessor of Taxes for the Town of Gorham as those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.

7) Written notice of the decision of the Board of Appeals shall be sent to the

appellant, the Code Enforcement Officer, the Chairman of the Planning Board and the Chairman of the Town Council within thirty (30) days of the date of the hearing of the appeal of application.

8) At any hearing, a party may appeal by agent or attorney. Hearing shall not be

continued to other times except for good cause. 9) The Code Enforcement Officer or his representative as designated by the Town

Manager shall attend all hearings and may present to the Board of Appeals all plans, photographs, or other material he deems appropriate for an understanding of the appeal.

10) A right of appeal under the provisions of this chapter secured by vote of the

Board of Appeals shall expire if the work or change involved is not commenced within six months of the date of which the appeal is granted, and if the work or change is not substantially completed within one year of the date on which such appeal is granted, unless as otherwise provided for in the appeal.

11) If the Board of Appeals shall deny an appeal, a second appeal of a similar nature

shall not be brought before the Board within one year from the date of the denial by the Board of the first appeal, unless in the opinion of a majority of the Board, substantial new evidence shall be brought forward, or unless the Board finds, in its sole and exclusive judgment, that an error or mistake of law or misunderstanding of facts shall have been made.

12) The applicant shall record any restrictions or conditions of approval imposed by

the Board of Appeals before any Building Permit or Certificate of Occupancy shall be issued, pursuant to Chapter I, Section III (D) (2) and (G) of this Code.

13) A copy of each variance granted by the Board of Appeals shall be submitted to

the Department of Environmental Protection within fourteen (14) days of the decision granting the variance.

E. SPECIAL EXCEPTION STANDARDS


11/2004 18

The Planning Board shall have the power and duty to approve, deny, or approve with conditions special exceptions only as expressly provided in the applicable zoning districts. The applicant shall have the burden of proving that his/her application is in compliance

11/2004 19

with the following standards. After the submission of a complete application, the Planning Board shall approve a special exception application or approve it with conditions only if it makes a positive finding based on the information presented that the proposed use, with any conditions attached, meets the following standards: 1. The proposed use will not create or aggravate hazards to vehicular or pedestrian

traffic on the roads and sidewalks, both off-site and on-site, serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, and the visibility afforded to pedestrians and the operators of motor vehicles on such roads;

2. The proposed use will not cause water pollution, sedimentation, erosion,

contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous or unhealthy condition results;

3. The proposed use will not create unhealthful conditions because of smoke, dust,

or other airborne contaminants;

4. The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or unreasonably restrict access of light and air to neighboring properties;

5. The proposed waste disposal systems are adequate for all solid and liquid

wastes generated by the use;

6. The proposed use will not result in damage to spawning grounds, fish, aquatic life, bird, or other wildlife habitat, and, if located in a shoreland zone, will conserve (a) shoreland vegetation; (b) visual points of access to waters as viewed from public facilities; (c) actual points of access to waters; and (d) natural beauty.

A special exception permit granted by the Planning Board will expire if the use does not commence within two years of the date of said approval. The Planning Board may extend such approval for one additional year upon the applicant’s written request submitted prior to the expiration of the initial two-year period provided the applicant demonstrates that said use cannot commence within the initial two-year period of time because other required permits have not been issued or the special exception approval was appealed. This provision shall not apply to mineral extraction uses, which shall be subject to the provisions of Chapter II, Section I C(3)(b).

1

F. SPECIAL EXCEPTION FEES2

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the special exception application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the special exception application:

1. Publishing and public notice fee; 2. Application

3 fee; and

1 Amended March 1, 2011



11/2004 20

3. Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section IX of this Code.

All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If a special exception application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount exclusive of escrow deposit.

G. NOTIFICATION

1

Abutting property owners shall be notified by mail of a pending application for special exception review. This notice shall indicate the time, date, and place of Planning Board consideration of the application.


11/2004 21

SECTION V - DEFINITIONS Except where specifically defined herein, all words used in this Code shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "shall" is always mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied". Abandonment For the purposes of this ordinance only, any well or borehole of such

condition as to be of no possible further use. A properly capped dry well at the time of drilling may not be considered abandoned. Abandonment requires the complete sealing of a well or borehole with grout or other impermeable material to prevent contamination of the aquifer.

1

Accessory Apartment A separate dwelling unit that has been added on, or created within, a

single family house for the purpose of providing separate living accommodations.

2

Accessory use A use customarily incidental and subordinate to the principal building or

use and located on the same lot with such principal building or use. Accessory Building, A subordinate building or a portion of the main building, the use of which

is incidental to that of the main or principal building. Agricultural Building, A non-residential building that has been used for an agricultural Existing use or in conjunction with an agricultural activity for at least ten (10)

years to April 1, 2005.3

Apartment Building A building arranged, intended, or designed to be occupied by three or

more families living in independent dwelling units. Aquaculture The growing or propagation of harvestable freshwater, estuarine, or

marine plant or animal species. (Applies to Shoreland Area Protection, Chapter II, I.E.)

Auxiliary Public Utility A structure not to exceed 500 square feet in gross floor area and 16 feet Structure

4 in height, operated by a public utility, including but not limited to pumping

stations, excluding wireless telecommunications towers and wind turbines.

a) Such utility structures must remain unoccupied except for required

maintenance. b) Vegetative screening is required where such structures abut

residential uses, and may be required along a public and/or private way.

Area of Special The land in the floodplain having a one percent or greater chance of Flood Hazard flooding in any given year, as specifically identified in the Flood

Insurance Study cited in this Ordinance.



3 Amended November 1, 2005

4 Amended April 6, 2010

11/2004 22

Base Flood The flood having a one percent chance of being equaled or exceeded in any given year, commonly called the 100-year flood.

Bed and Breakfast

1 A single family dwelling occupied by the owner as his/her principal place of

residence that accommodates paying guests for a limited duration with sleeping and dining facilities; payable on a per-diem basis; having no more than three(3) guest rooms and limited to serving breakfast to said overnight guests shall be considered a home occupation accessory to principal use of the dwelling and shall be allowed under the standards applicable to home occupations. For purposes of this definition, principal place of residence means that the owner of the land and buildings must be in residence on the premises while the bed-and-breakfast business is conducted.

Bed and Breakfast

2 A single family dwelling occupied by the owner as his/her principal place of

Establishment residence that accommodates paying guests for a limited duration with sleeping and dining facilities; payable on a per-diem basis; having more than three but less than ten sleeping rooms; and in which some bath, sitting room and dining rooms are used in common by such guests. All dining facilities are limited to use by overnight guests of that particular establishment. For purposes of this definition, principal place of residence means that the owner of the land and buildings must be in residence on the premises while the bed-and-breakfast business is conducted. The residence of the owner must be in the main building where all bed and breakfast activities occur. Additional buildings on the lot that meet space, set back and parking requirements may be used for additional bed and breakfast activities. This use is considered a commercial use.

Bed and Breakfast

3 Public Dining for up to seven days per week is allowed as an accessory

Establishment with use for a Bed and Breakfast Establishment Dining as an Accessory Use Billboard A structure, either free standing or attached to a building, the surface of

which is available for hire for advertising purposes. Building Any structure having a roof supported by columns or walls and intended

for the shelter, housing, or enclosure of persons, animals or chattel. Each portion of a building, separated from other portions by a fire wall, shall be considered as a separate structure.

Building, Principal

4 The primary building on a lot or a building that shelters or encloses the

principal use on a lot. Building Footprint The total area of the ground surface enclosed within the downward

projection of the exterior walls of a building or the vertical planes created by the exterior surface of the vertical support members of a building or portion of a building without exterior walls.

5




4 Amended January 5, 2010


11/2004 23

Business and Offices for the conduct of business and involve no sales of Professional Offices tangible

1 products available on the premises, except as a minor and ancillary use as would be directly related to the conduct of a given

profession,2 or storage of materials or equipment which are used off the

premises. The following uses are not considered business and professional offices:

1) Distribution facilities

2) Sales offices involving on-premises display and sales of

materials, except as a minor and ancillary use as described above

3

3) Offices of building contractors involving the storage of materials or equipment.

Business An activity that supplies a direct service to business, including, Services by way of example, advertising, credit reporting and collection, mailing

and reproduction, care of buildings, personnel supply, computer and data processing, market research, and management and public relations.

4

Caretaker Unit

5 An accessory dwelling unit that is incorporated into, and is part of, a non-

residential use and is occupied by an owner or an employee of the business occupying the principal use, and having a gross floor area of less than two thousand (2,000) square feet.

Cluster A form of development which allows a developer to create smaller lots Residential than required by the applicable zoning district regulations in return for Development setting aside a portion of the tract as permanent open space owned and

maintained jointly by the individual lot owners. Code Enforcement Shall mean the head of the Gorham Land and Building Department Officer with duties as prescribed in the Town Administrative Code. Commercial Outdoor Private recreation facilities such as miniature golf courses, swim Recreation Facilities clubs, tennis clubs, driving ranges and similar facilities. Condominium Means real estate, portions of which are designated for separate

ownership and the remainder of which is designated for common ownership solely by the owners of those portions under a declaration, or an amendment to a declaration, duly recorded pursuant to the Maine Condominium Act (33 MRSA 1601-101- 1604-118), as may be amended from time to time. Real estate is not a condominium unless the undivided interest in the common elements are vested in the unit owners. Any real estate development consisting exclusively of clustered, detached, single family residences is not a condominium, unless so designated in the declaration.

6


2 Amended May 2, 2006



5 Amended July 5, 2011


11/2004 24

Corner Lots In districts where yards are required: Such corner lots, located at the intersection of two streets, shall be deemed to have a side rather than a front yard between the principal building and the side street. Such side yard shall not be less than the front yard requirements of uses located on the side street.

Such corner lots located at the intersection of two streets, shall be deemed to have a side rather than a rear yard between the principal building and the abutting property on the side street. Such side yard shall not be less than the side yard requirements of uses located on the side street.

All such side yards described above shall conform with the specific regulations related to yard space and related building height contained in the district provisions of this Code.

Country Club Land area and buildings containing golf courses, a clubhouse, and customary accessory uses, open only to members and their guests.

1

Coverage That percentage of the plot or lot area covered by the building area. Day Care Home A home or other facility used generally to provide day care services or

baby-sitting services for twelve (12) or fewer children. Day Care Center A home or other facility used generally to provide day care services or

baby-sitting services for thirteen (13) or more children. Drive-throuqh A retail or service activity in which the customer the customer does not Service leave his/her motor vehicle to complete the transaction, and which

complies with the following requirements:

1) A separate, defined stacking lane is provided which will accommodate a minimum of five vehicles.

2) The transaction occurs at a defined service window or terminal. 3) The service window or terminal is located a minimum of sixty

(60) feet, with the maximum to be established at Site Plan Review, from the point of egress onto the nearest street right-of way.

4) The architectural design of the service window or terminal shall

be compatible with the principal use. Dwelling A building designed or used as the living quarters for one or more

families. The term shall not be deemed to include a hotel, motel, rooming house, mobile home, manufactured housing unit or trailer, but shall include a modular housing unit consisting of two or more units of which neither unit is a complete dwelling unit and which is constructed in accordance with the BOCA Building Code.

1 Amended October 7, 2003

11/2004 25

Dwelling Unit A room or group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking and eating. The term shall not be deemed to include trailers.

Essential Services The construction, alteration or maintenance of gas, electrical or

communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services. (Applies to Shoreland Area Protection, Chapter II, E.)

Family One or more persons occupying a premises and living as a single

housekeeping unit as distinguished from a group occupying a rooming house or motel.

Flood Insurance The official map on which the Federal Emergency Management Rate Map Agency has delineated both the areas of special flood hazards and the

risk premium zones applicable to the Town of Gorham, Maine. Floor Area The sum of the horizontal areas of a floor(s) of a structure enclosed by

the exterior walls.1

Floor Area A measure of the intensity of the use of a piece of property determined Ratio by dividing the sum of the gross floor area of all floors of all principal

buildings or structures by the total area of the parcel. Forest Management Timber cruising and other forest resources evaluation activities, Activities pesticide or fertilizer application, management planning activities, timber

stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads. (Applies to Shoreland Area Protection, Chapter II, E.)

Forested wetland A freshwater wetland dominated by woody vegetation that is six (6)

meters tall or taller. Fraternity House

2 Any building or structure, and the use thereof, traditionally affiliated with

a college or university, regardless of whether any such affiliation is currently recognized formally or not, providing common living, dining, kitchen, study and/or sleeping areas for college or university students as members of the fraternity, and their guests. The term shall be deemed to include similarly defined sorority houses, but shall not be deemed to include fraternal organizations, such as the Masons or the Elks.

Fraternal Organization

3 A group of people formally organized for a non-profit common interest,

usually cultural, religious, or entertainment, with regular meetings, rituals,


2 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this amendment

shall be effective July 6, 2010. 3 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this amendment

shall be effective July 6, 2010.

11/2004 26

and formal written membership requirements, excluding Fraternities/ Sororities. Examples of such groups include, but are not limited to, the Masons, the Odd Fellows, and the Lions Club.

Freshwater wetland Freshwater swamps, marshes, bogs and similar areas, other than

forested wetlands, which are:

1. of ten or more contiguous areas; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of 10 acres; and

2. inundated or saturated by surface or ground water at a frequency

and a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.

Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition. (Applies to Shoreland Area Protection, Chapter II, 1.E.)

1

Front Building Line parallel to the front lot line transecting that point in the building Line face which is closest to the front lot line. This face includes porches,

whether enclosed or unenclosed but does not include steps. Functionally Those uses that require, for their primary purpose, location on Water Dependent Uses submerged lands or that require direct access to, or location in, coastal

and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, fish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primary provide general public access to waters. (Applies to Shoreland Area Protection, Chapter II, Section I.E.)

2

Funeral Home A building used for the preparation of the deceased for the burial and

display of the deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this code, includes a funeral chapel.

Golf Course A tract of land laid out for at least nine holes for playing the game of golf

and improved with tees, greens, fairways, and hazards that may include a clubhouse and shelter. See Country Club.

3

Great pond Any inland body of water which in a natural state has a surface area in

excess of ten acres, and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or

1 Amended February 2, 2010



11/2004 27

increased inland body of water is completely surrounded by land held by a single owner. (Applies to Shoreland Area Protection, Chapter II, 1.E.)

1

Ground cover

2 Small plants, fall leaves, needles and twigs and the partially decayed

organic matter of the forest floor. (Applies to Shoreland Area Protection, Chapter II, Section I.E

3).

Groundwater All the water found beneath the surface of the ground that is present in

soil pore space or in bedrock cracks or fractures. In this Code, the term refers to the subsurface water present in aquifers, wells, recharge areas, and discharge areas.

4

Height of The vertical measurement from grade to the highest point of the Building roof beams in flat roofs; to the highest point on the deck of mansard

roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a level two-thirds of the distance from the level of the eaves to the highest point of gambrel roofs. For this purpose, the level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves.

Home Occupation An occupation or profession which is: accessory to a residential use and

is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; carried on by a member of the family residing in the dwelling unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes; conforms with the following conditions:

1) The occupation or profession shall be carried on wholly within

the principal building or within a building or other structure accessory thereto.

2) Not more than two people outside the family shall be employed

in the home occupation. There shall be no stock in trade.

3) There shall be no exterior display, no exterior sign (except as expressly permitted by the district regulations of this chapter), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

4) No nuisance, offensive noise, vibration, smoke, dust, odors,

heat, glare, or electrical disturbance shall be generated. 5) No traffic shall be generated by such home occupation in greater

volumes than would normally be expected in the neighborhood. 6) In addition to the off-street parking provided to meet the normal

requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of each employee and the vehicles of the maximum number of users the home occupation may attract during peak operating hours.





11/2004 28

7) The home occupation shall not utilize more than 20% of the total

floor area of the dwelling unit. A home occupation shall include, but not be limited to, the

following: art studio

bed and breakfast1

day care home dressmaking shop hairdressing shop teaching or tutoring facilities

office of a physician, dentist, optometrist, lawyer, engineer, architect, or accountant

office of a real estate broker or agent office of an insurance agent or broker

A home occupation shall not be interpreted to include the following: facilities for the repair of motor vehicles day care center Household Pets Those animals normally considered as household companions, and not

including horses, cows, sheep, goats, mink, swine, chickens, turkeys or any animals raised for sale or for the sale of their products.

Hydraulic or Hydro The process of putting hydraulic pressure on the bedrock surrounding Fracturing a borehole for the purpose of enhancing the flow rate of ground water

that may be produced from the borehole.2

Impervious A measure of the intensity of the use of a piece of property determined Coverage Ratio by dividing the total area of the site covered by impervious surface

including roofs, parking lots, roads, access drives, service areas, paved drainage ways, and similar impervious surfaces by the total area of the parcel.

Inn Single or multi-family dwelling or other building converted in its entirety to

an establishment for the purpose of accommodating paying guests for a limited duration with sleeping and dining facilities; payable on a per-diem basis; having between ten (10) and twenty-five (25) sleeping rooms, and which may also include public dining for up to seven days a week. The inn shall include a single family dwelling unit to be occupied by the owner or manager. Additional buildings on the lot that meet space, set back and parking requirements may be used for additional bed and breakfast activities. This use is considered a commercial use.

3

Interior Window Sign A sign or display located inside a window so that it is intended to be Or Display seen from the outside through the window. A sign permanently attached

to or permanently painted on the inside of the window is a wall sign.4





11/2004 29

Junk Yard A lot or part thereof, exposed to the elements, which is used for the sale or for the storage for sale of second-hand products or materials, for the storage of any three or more automobiles or trucks which cannot pass the state inspection test in their existing condition.

Light Industrial The fully enclosed assembly or fabrication of materials, but Use excluding basic processes such as smelting, refining, distilling,

forging, brewing and similar processes involving converting raw materials to a finished or semi-finished product.

Light Industrial Uses shall meet the following criteria:

1. There shall be no exterior storage or assembly of materials or

products. 2. There shall be no activity which is defined as a high hazard by

Section 305.0 of the BOCA Basic Building Code/1981. 3. Noise levels at the property boundary shall not exceed 65 DBA. 4. No vibrations or odors shall be noticeable at the property line.

Lot A parcel of land in single ownership occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this Code, and having frontage upon a street as defined herein.

Luminous Surface A surface material or paint that contains a phosphorescent Material or Paint or fluorescent substance that makes it glow in the dark.

1

Manufactured A mobile home constructed after June 15, 1976, which the Housing Unit manufacturer certifies is constructed in compliance with the United

States Department of Housing and Urban Development Standards and which meets the following additional standards, or a Modular Home constructed after January 1, 1984, which the manufacturer certifies is constructed in compliance with the State of Maine's Manufactured Housing Act and Regulations and complies with the following additional standards:

1. The unit is constructed with a pitched roof having a pitch of 4 in 12 or

greater. 2. The roof is covered with asphalt composition shingles, fiberglass

shingles, approved wood shingles or shakes, or similar residential roofing material.

3. The exterior wall surfaces are covered with materials similar to

traditional site-built housing units. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles or shakes or similar materials, but shall not include smooth, ribbed or corrugated metal or plastic panels.


11/2004 30

4. The minimum horizontal dimension of the unit as installed on the site is 14 feet.

5. The minimum floor area of the unit shall be 750 square feet.

Mobile Home A factory-built housing unit constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with the United States Department of Housing and Urban Development Standards, meaning a structure, transportable in one or more sections, which, in the traveling mode, is 14 feet or more in width and has 750 or more square feet of floor area, and which is built on a permanent chassis and designed to be used as a dwelling unit, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained herein, and which does not comply with the definition of a manufactured housing unit.

Mobile Home Park A contiguous parcel of land having a minimum area of 25 acres and

plotted for the development of a minimum of 25 mobile home lots which are to be rented, leased or sold.

Mobile Vending Unit A vehicle, trailer, van, pushcart or portable structure which is temporarily

located on private property for the purpose of operating a retail business or service business and removed from the site every day, but which does not include such structures temporarily located on any particular private property for such purposes for less than one-half hour. It shall not include such uses as construction offices during the duration of a building project or sales as part of an approved farmers market, fair or similar event.

Modular Housing Unit A residential dwelling unit designed for transportation, after fabrication,

to the site where it is to be occupied as two or more component parts which must be assembled into a livable dwelling unit on site. No component part of the Modular Housing Unit shall be a complete dwelling unit. A Modular Housing Unit must be placed on a permanent foundation and comply with all regulations of this code governing dwellings.

Motel A building or group of detached or connected buildings designed or

intended or used primarily for the providing of sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motel lodge shall be deemed to be a motel.

Multi-Family Housing A building arranged, intended or designed to be designed to be occupied

by three or more families living in independent dwelling units. Native

1 Indigenous to the local forests. (Applies to Shoreland Area Protection,

Chapter II, Section I.E). Net Acreage The area of any parcel generally suitable, in its natural state, for

development and theoretically related to the natural capacity of the land to support a certain intensity of use. The net acreage shall be determined by subtracting unsuitable areas from the gross acreage of


11/2004 31

the parcel. The following original land areas shall be considered unsuitable and shall be deducted in the following order:

1

1. Fifteen (15) percent of the total acreage of the parcel as an

estimated allowance for new access roads and parking areas, whether or not the actual area devoted to these uses is greater or less than 15 percent.

2. Areas that are, because of existing land uses, natural features,

or lack of access, isolated and unavailable for building purposes or for use in common with the remainder of the parcel, as determined by the Town Planner, whose determination is subject to Planning Board review in the event of a dispute.

3. Areas within a floodway or 100-year flood hazard area, as shown

on the Federal Flood Boundary and Floodway Map or Federal Flood Insurance Rate Map.

4. Wetland areas, defined as hydric soil in conjunction with

hydrophytic vegetation, or land which has been created by filling or draining a wetland or pond.

5. Areas of rights-of-way and easements, except for new access

roads deducted above and rights-of-way or easements for landscaped buffer strips and walking/bicycle paths not part of a street right-of-way.

6. Stream channels, as measured from the top of banks, and other

surface water bodies, as measured from the high water mark. 7. Areas of 33 percent sustained slope or more. Slope areas of 20

to 33 percent shall also be deducted unless the developer can demonstrate to the Planning Board's satisfaction that these slopes will be used as part of the overall plan for the development, that they are stable for structures, if so utilized, and that any slope development will minimize soil erosion and comply with Maine State Plumbing Code.

8. Areas of unreclaimed gravel or borrow pits. 9. Areas with very poorly drained soils areas, as measured from a

high-intensity soils map prepared by a certified soil scientist in accordance with the National Cooperative Soil Survey Classification:

10. For sites not served by public sewer and water, fifty (50)

percent of the areas with poorly drained soils, and twenty- five (25) percent of the areas with soils with multiple drainage classifications, one of which is poorly drained (i.e., poorly drained to somewhat poorly drained), as measured from a high-intensity soils map prepared by a certified soil scientist in accordance with the National Cooperative Soil Survey Classification. This deduction is to account for the marginal development suitability of these soils if public sewer and water are not available.


11/2004 32

11. Other areas that the Planning Board determines could not, in their natural

state, be incorporated into conventional subdivision lots of the minimum required area.

No building or structure shall be sited in areas treated as 100 percent deductions from the parcel's gross area. Siting of structures in areas treated as 50 percent deductions shall be discouraged but permitted where the applicant/developer demonstrates that measures will be taken to minimize erosion, sedimentation, and seasonal wetness, that these areas are stable for the siting of structures and that proposed subsurface waste disposal systems are sited away from marginal soils and otherwise meet the State of Maine Subsurface Waste Disposal Rules.

Net Residential Density The maximum number of dwelling units allowed on a parcel of land. The net

residential density of a parcel is determined by dividing the net acreage* of the parcel by the minimum lot area per dwelling unit.

1

*See definition of net acreage

Nit A measure of the brightness or lighting intensity of a LED sign equal to 1

candela per square meter.2

Non-conforming Use A building, structure or use of land existing at the time of enactment of

this Code, and which does not conform to the regulations of the district or zone in which it is situated.

Normal High-Water That line which is apparent from visible markings, changes in the Line character of the soils due to prolonged action of the water or changes in

vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river of great pond.

3

(Applies to Shoreland Area Protection, Chapter II, Section I.E.)4

Occupant For the purposes of the sign provisions of Chapter II,

Section III, Signs, any distinct use that occupies a separate and identifiable space within a building.

5

Overpumping Pumping a well at a flow rate and duration sufficient to mobilize fine

sediment out of bedrock fractures (or out of soil for screened wells) to increase the flow rate of groundwater into a well. Such pumping often causes large draw downs in the well.

6

Parking Space Parking space shall mean an area of not less than 200 square feet,

exclusive of drives or aisles giving access thereto, accessible from streets or aisles leading to streets and usable for the storage or parking of








11/2004 33

passenger vehicles. Parking space or access thereto shall be construed as to be usable year round.

Personal Services Includes barber, hairdresser, beauty parlor, shoe repair, shoe shine,

laundry, laundromat, dry cleaner, photographic studio, and businesses providing similar services of a personal nature.

Piers, Docks, Wharves, Temporary: Structures which remain in or over the water for less Bridges and Other than seven (7) months in any period of twelve (12) consecutive Structures and Uses months. Extending Over Or Beyond The Normal High Permanent: Structures which remain in or over the water for seven (7) Water Line or Within months or more in any period of twelve (12) consecutive months. A Wetland (Applies to Shoreland Area Protection, Chapter II, I.E.)

1

Piggery A building or portion thereof, or an enclosure or designed for the keeping of pigs.

Primary Front Façade The apparent or dominant front wall of a building as seen

from the adjacent street or property including projections or recessed sections of the front wall but not including parts of the building that are located significantly behind the apparent front wall or that are designed so that they do not appear to be part of the front wall.

2

Principal Use

3 Primary or predominant use. An activity that is conducted in conjunction

with another principal use and such activity that either: (1) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (2) is commonly associated with the principal use and integrally related to it, is regarded as accessory to the principal use.

A use is regarded as “incidental or insubstantial” if it is both incidental or

insubstantial in and of itself and in relation to the principal use. Quantitative measures for consideration in this determination include the percentage and total amount of square footage attributed to the second use and sales or income derived from the second use.

Public Sewer A common sewer controlled by a public, governmental authority.

Public Water A common water service controlled by a public,

governmental authority. Recent Flood The following soil series as described and identified by the Plain Soils Cooperative Soil Survey:

Alluvial, Cornish, Charles, Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney, Saco, Suncook, Sunday, Winooski. (Applies to Shoreland Area Protection, Chapter II, I.E.)

4

Recharge Area Areas composed of porous sand and gravel, or other areas that collect

precipitation or surface water and carry it to aquifers.5






11/2004 34

Repair Services Businesses providing for the repair of personal and business property such as radios and televisions; electrical and electronic equipment; watches, clocks, and jewelry; furniture and upholstery; musical instruments, sporting equipment; small engines and equipment; and similar items but not including the repair of motor vehicles, boats, recreational vehicles, or heavy equipment. Retail sales of parts and supplies shall be allowed provided such sales are accessory to the repair service.

1

Retail Store Includes enclosed restaurant, cafe, shop, and store for the sale of retail

goods, and shall exclude any drive-up service, free-standing retail stand, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service, and similar uses.

River A free-flowing body of water including its associated flood plain wetlands

from that point at which it provides drainage for a watershed of twenty-five (25) square miles to its mouth. (Applies to Shoreland Area Protection, Chapter II, I.E.)

2

Roadside Stand A building or structure used for the retail sales of fresh fruits, vegetables,

flowers, herbs or plants. In addition, it may involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces or baked goods and home-made handicrafts. The floor area devoted to the sales of these accessory items shall not exceed 50% of the total sales area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a roadside stand.

Rooming House Any dwelling in which more than three persons, whether individually or

as families are housed for compensation with or without meals. This shall be deemed to exclude

3 fraternity and sorority houses.

Rural Entrepreneurial A small, low-impact non-residential use that meets the performance Use standards for a Rural Entrepreneurial Use for the district in which it is

located.4

Service Drop Any utility line extension which does not cross or run beneath any portion

of a water body provided that:

1. in the case of electric service

a. the placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

b. the total length of the extension is less than one thousand

(1,000) feet

2. in the case of telephone service




shall be effective July 6, 2010. 4 Amended November 1, 2005

11/2004 35

a. the extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or

b. the extension requiring the installation of new utility poles or

placement underground is less than one thousand (1,000) feet in length. (Applies to Shoreland Area Protection, Chapter II, I.E.)

1

Setback, Normal The nearest horizontal distance from the normal high-water line of a High Water Line water body or tributary stream, or upland edge of a wetland,

2

to the nearest part of a structure, road, parking space or other regulated object or area. (Applies to Shoreland Area Protection, Chapter II, Section I.E.)

3

Shed An accessory detached building used for residential storage, allowed in

all districts. If a shed is less than 150 square feet in total area and has a height of less than 15 feet, the shed need only meet a 5 foot side and/or rear yard setback requirement. Only one shed per lot shall be allowed to have the reduced setback. Additional sheds on the lot must meet the otherwise applicable setbacks for the zoning district in which they are located.

4

Shore Frontage The length of a lot bordering on a water body or wetland

5 measured in a

straight line between the intersections of the lot lines with the shoreline. (Applies to Shoreland Area Protection, Chapter II, Section I.E.)

6

Sign Any structure or part thereof attached thereto or painted or represented

thereon, which shall display or include any letter, word, model, banner, flag, Pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. The word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, or event.

Sign, Building A sign that is painted directly onto a wall or window or that is

permanently attached to and supported by the building or structure to which it is attached.

7

Sign, Business A sign displaying the name of the business or other occupant of the

building or structure to which the sign applies or information about the business/occupant.

8

Sign, Business A small sign attached to the underside or hanging from a canopy over a Identification pedestrian walkway identifying the entrance to the building or a use

within the building.9

Sign, Directory A freestanding or building sign that lists the tenants or occupants of a

building, project, or development.1










11/2004 36

Sign, Freestanding A sign that is permanently attached to the ground and is not attached to

a building or structure.2

Sign, Ground-mounted A freestanding sign that is supported by a base or pedestal, or by vertical

supporting members such that the width of the base or pedestal or the distance between the supporting members is at least seventy-five percent (75%) of the width of the sign face.

3

Sign, Information/Direction An on-site freestanding or building sign that provides information or

direction to users of a property about the location of entrances and exits, parking, traffic flow, hours of operation or other noncommercial messages.

4

Sign, Project A permanent sign identifying a project, building, or development that

contains the name of the facility. In addition to the name of the project, the sign may include the name of the primary occupant of the project provided that this is less than forty percent (40%) of the sign area.

5

Sign, Pole or Pylon A freestanding sign that is supported by a single vertical supporting

member or base that is less than seventy-five percent (75%) of the width of the sign face.

6

Sign, Projecting A building sign that extends from the supporting wall so that the sign

face(s) is at a right angle to the wall on which it is mounted.7

Sign, Readerboard A portion of a permanent sign with moveable or interchangeable letters

or other characters or symbols including signs with electronic changeable letters, characters, or symbols that identifies a business/occupant.

8

Sign, Sandwichboard A small, non-illuminated, moveable sign that may include a space for

changeable messages that identifies a business/occupant or provides information about the business/occupant that is placed on a sidewalk or other pedestrian area.

9

Sign, Site A temporary sign at a construction site or development project that

identifies the project and the firms involved with the design, construction, and financing of the project.

10

Sign, Wall A building sign that is applied to, painted on, or attached to a wall,

window, or other vertical surface so that the sign face is essentially parallel to the wall. A wall sign includes signs placed on pitched roofs so that the sign face is in a vertical orientation.

11












11/2004 37

Sign Face The area of the surface of a sign upon which the words, symbols, or graphics appear.

1

Special A special exception is a use that would not be appropriate generally Exception or without restriction throughout the zoning district but which, if controlled

as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning districts as special exceptions, if specific provision for such special exceptions is made in Chapter I of this Code.

Stream A free-flowing body of water from the outlet of a great pond or the

confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15-minutes series topographic map, to the point where the body of water becomes a river, of flows to another water body or wetland within the shoreland area.. (Applies to Shoreland Area Protection, Chapter II, Section I.E.)

2

Street A way established and maintained under public authority, or a fifty (50)

foot wide recorded private way approved by the Planning Board, or a way shown on a plan of a subdivision duly approved by the Planning Board.

3

Street Frontage The width of the lot measured along a street line, provided that access to

the lot is possible from that street. Limited access roads, which cannot be used for access onto abutting lots, shall not be used to meet street frontage requirements, including but not limited to the Bernard P. Rines Highway section of Route 112.

4

Structure Anything built for (I) use or occupancy by or (ii) support shelter or

enclosure of persons, animal, goods or property of any kind. For the purpose of this ordinance, the term "structure" shall not include:

5

1. boundary walls, fences; 2. retractable awnings; 3. paving of driveways or sidewalks, except in the Shoreland

Overlay District; 4. doghouses (pet shelters) provided the foot print does not exceed

twelve sq. ft. and the height is less than five feet; and 5. mailboxes and lamp posts. For the purposes of this ordinance, the term "structure" shall include, without limitation:

1. swimming pools; and 2. patios, terraces and decks






11/2004 38

Subdivision The division of a tract or parcel of land into three (3) or more lots as defined by the Maine Revised Statutes Annotated, Title 30, Sec. 4956, as amended, within any five (5) year period.

Substantial Improvement Any repair, reconstruction, or improvement of structure, the cost of which

equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or for any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historical Places.

Timber Harvesting The cutting and removal of timber for the primary purpose of selling or

processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two(2) acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Chapter II, Section 9(L). (Applies to Shoreland Area Protection, Chapter II, Section I.E.)

1

Trailer Trailer shall mean any vehicle used or so constructed as to permit its

being used as a conveyance on the public streets and highways and duly licensed as such, and constructed in such a manner as will permit occupancy thereof as a temporary dwelling for one or more persons. A trailer shall not be construed as a mobile home for the purposes of this Code.

Trailer Park An area occupied or designed to be occupied by trailers for seasonal use

only from May through October. Tributary Stream A channel between defined banks created by the action of surface water

which is characterized by the lack of terrestrial vegetation or by the presence of a bed devoid of topsoil containing waterborne deposits or exposed soil, parent material or bedrock, and which is connected hydrologically with other water bodies. flows to a water body or wetland as defined. “Tributary stream” does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.

2

Turning Circle A street segment forming a circle at the closed end of a cul-de-sac

street, with a curve radius of 100 feet as measured to the outside line of the right-of-way.

Upland Edge The boundary between upland and wetland. The upland edge is formed

where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetations is dominated by woody stems that are



11/2004 39

six (6) meters or taller. (Applies to Shoreland Area Protection, Chapter II, Section !.E.)

1

Variance A variance is a relaxation of the terms of this Code where such variance

will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Code will result in unnecessary or undue hardship. As used in this Code, a variance is authorized only for relief from the Space Standards applying to the district in which the property is located. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conforming uses in the particular district or adjoining district.

Village Character A pattern of land use and building development that is consistent with the

“selected concepts” set out in Section III. Alternative Concepts, of the Gorham Main Street Master Plan.

2

Water Body Any great pond, river, stream. (Applies to Shoreland Area Protection,

Chapter II, 1.E.)3

Water Crossing Any project extending from one bank to the opposite bank of a river

stream, tributary stream, or wetland, whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, and water lines, and cables as well as maintenance work on these crossings. (Applies to Shoreland Area Protection, Chapter II, Section I.E.)

4

Wetland A freshwater wetland. (Applies to Shoreland Area Protection, Chapter II,

E.) Yard An unoccupied space, open to the sky, on the same lot with a building or

structure. Yard Front An open unoccupied space on the same lot with the building or structure

between the front line of the building or structure and the front line of the lot and extending the full width of the lot.

5

Yard Rear An open unoccupied space on the same lot with the building or structure

between the rear line of the building or structure and the rear line of the lot and extending the full width of the lot.

6

Yard Side An open unoccupied space on the same lot with the building or structure

situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

7








11/2004 40

SECTION VI - URBAN RESIDENTIAL DISTRICT A. PURPOSE To preserve the physical, aesthetic and social quality of Gorham's urban area and,

consistent with this stated goal, to provide therein for the location of a variety of residential and service uses in accordance with the standards of this chapter. To this end, residential development shall not exceed the net residential density allowable herein and may preferably occur in accordance with the provisions of Chapter II, Section IV, of this Code.

1

B. PERMITTED USES 1) One or two-family dwellings, exclusive of mobile homes and exclusive of trailers. 2) Nursing home, home for the aged. 3) Municipal building or use. 4) Municipally owned parks and playgrounds. 5) Telephone exchange, without business office.

6) Any agricultural building or use except a sawmill, and except the keeping of animals

other than household pets. 7) Accessory residential uses, including home occupations. 8) Manufactured housing units on single-family residential lots in designated

manufactured housing sub-districts.

9) Rooming house, apartment building or multifamily housing, except fraternity housing.

2

10) Announcement sign or bulletin board for the use of a public, charitable or religious

institution, occupying the premises for which the sign or board is located. 11) Public utility facilities including substations, pumping stations and sewage

treatment facilities.

12) School, hospital, church, or any other institution of educational, religious, philanthropic, fraternal organization

3, or social nature which is not used for residential

purposes, which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicle trips during any twenty-four hour period, except fraternity houses.

4

13) Accessory Apartments

5


2 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this amendment shall

be effective July 6, 2010. 3 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this amendment shall

be effective July 6, 2010.

4 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this amendment shall

be effective July 6, 2010.


11/2004 41

14) Bed and Breakfast Establishments1

C. SPECIAL EXCEPTIONS

1) Day Care Center.

2) The keeping of farm animals, including poultry, provided that a minimum lot area of six (6) acres in one parcel is owned or leased by the applicant as evidenced by a written instrument on record at the Cumberland County Registry of Deeds.

Notwithstanding the provisions of this Subsection C, keeping of farm animals is

exempt from special exception review and minimum lot area if kept meeting the requirements under Chapter II, Section XII – Keeping of Urban Farm Animals.

2

3) School, hospital, church or any other institution of education, religious, philanthropic,

fraternal organization3 or social nature which is not used for residential purposes

and has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.

4) Bed and Breakfast Establishment with public dining as an accessory use.

4

5) Inn

5

D. SPACE STANDARDS

6

Watered & Sewered Unsewered Minimum lot size 15,000 sq.ft.**

7 20,000 sq.ft.

Minimum area per dwelling unit 10,000 sq.ft.

8 20,000 sq.ft.

Minimum street frontage 80 ft. 80 ft. Minimum front yard 25 ft. 25 ft. Minimum rear and side yards 15 ft.* 15 ft.*

*Buildings higher than 30 feet shall have side and rear yards not less than 50% of building height.

**The June 3, 1997 amendment to the minimum lot size shall apply prospectively only, from that date forward, and only to (1) lots newly created after that date as evidenced by a deed on record in the Cumberland County Registry of Deeds on or before that date or (2) lots not part of a subdivision plan approved on or before that date or lots in a proposed subdivision plan grand fathered by law on or before that date.

9

Maximum building height None None Maximum building coverage 25% 25%




shall be effective July 6, 2010. 4 Amended August 4, 2009



7 Amended June 3, 1997



11/2004 42

Notwithstanding the provisions of this subsection D, an auxiliary public utility structure is exempt from the minimum lot size, building coverage, and street frontage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

1

E. PERFORMANCE STANDARDS

The performance standards contained in Chapter II of this Code shall be fully observed. SECTION VII - SUBURBAN RESIDENTIAL DISTRICT A. PURPOSE Gorham is a desirable residential community, and much growth is occurring outside of

existing built-up areas. The purpose of the suburban residential district is to designate areas where new low-density residential growth can occur in a manner which provides a high quality living environment while minimizing local service costs. Development within this district may occur in accordance with the cluster development provisions of Chapter II, Section IV of this Code.

B. PERMITTED USES

1) One and two-family dwellings, exclusive of mobile homes. 2) Nursing homes or homes for the aged. 3) Municipally owned parks and playgrounds. 4) Accessory uses and buildings including home occupations. 5) Agricultural buildings and uses except a sawmill, piggery, and the raising of poultry. 6) Manufactured housing units on single-family residential lots in designated

manufactured housing sub-districts. 7) Municipal buildings or uses. 8) Apartment buildings or multifamily housing. 9) Public and private utility facilities, including substations, pumping stations, and

treatment facilities, but excluding business offices. 10) School, hospital, church, or any other nonresidential institution of educational,

religious, philanthropic, fraternal organization2, or social nature which has less than

two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicle trips during any twenty-four hour period, except fraternity housing.

3

11) Golf courses and country clubs. 12) Roadside stands.





11/2004 43

13) Accessory Apartments1

14) Reuse of an existing agricultural building for non-residential use that meets the

Performance Standards of Subsection E2

15) Rural Entrepreneurial Use that meets the Performance Standards of Subsection

E3

16) Bed and Breakfast Establishment

4

C. SPECIAL EXCEPTIONS 1) Day Care Center. 2) Cemeteries. 3) Sawmill, piggery or the keeping

5 of poultry.

Notwithstanding the provisions of this subsection C, piggery and keeping of poultry

is exempt from special exception review if kept meeting the requirements under Chapter ((, Section XII – Keeping of Urban Farm Animals.

6

4) Mineral extraction.

5) School, hospital, church or any other nonresidential institution of education,

religious, philanthropic, fraternal organization7 or social nature and has two

thousand (2,000) or more square feet of floor area or generate two hundred (200) or more vehicle trips during any twenty-four hour period.

6) Veterinary clinics, exclusive of kennels or boarding facilities. 7) Bed and Breakfast Establishment with public dining as an accessory use

8.

8) Inn

9

D. SPACE STANDARDS Minimum lot size 60,000 square feet Minimum lot area per dwelling unit 40,000 square feet Minimum street frontage 200 feet* Minimum front yard local street 50 feet Minimum front yard collector or arterial street 70 feet Minimum side and rear










11/2004 44

yards 20 feet Maximum building height None *May be reduced up to 50% for lots fronting on turning circles provided that the lot width at

the front setback line is equal to or greater than the minimum street frontage required. Notwithstanding the provisions of this subsection D, an auxiliary public utility structure is

exempt from the minimum lot size and street frontage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

1

E. PERFORMANCE STANDARDS 1) The performance standards contained in Chapter II of this Code shall be fully

observed.

2) Rural Entrepreneurial Uses Including the Reuse of Existing Agricultural Buildings

2

In addition to the performance standards of Chapter II, any Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building for a Non-Residential Use shall meet the following standards: a) Notwithstanding the minimum lot size requirement of Subsection D, a Rural

Entrepreneurial Use or the Reuse of An Existing Agricultural Building shall be permitted only on a lot with an area of at least three (3) acres. If the lot contains another principal use(s), the lot must have at least three (3) acres for the Rural Entrepreneurial Use or Reuse of an Existing Agricultural Building in addition to the area required for the other principal use(s).

b) The total floor area for all buildings and structures used as part of the Rural

Entrepreneurial Use(s), but not including any part of a basement that is used only for storage or mechanical uses, shall be not more than one (1) percent of the area of the lot on which it is located or five thousand (5,000) square feet, whichever is less. The five thousand (5,000) square foot limitation shall not apply to the Reuse of an Existing Agricultural Building provided the total floor area for all buildings and structures used for such Reuse, excluding any part of a basement that is used only for storage or mechanical uses, shall not be more than one (1) percent of the area of the lot on which it is located.

c) Vehicular access to the lot on which the use is located shall be from a public

street that is classified by the Town as an arterial street, collector street, industrial or commercial street, or service road. In addition, the Reuse of an Existing Agricultural Building may get its vehicular access from a sub-collector if the lot on which it will be located is at least five (5) acres in area.

d) The total number of peak hour trip ends generated by the use based upon the

ITE Trip Generation Manual shall not exceed one (1) trip end per two hundred (200) square feet of gross floor area occupied by the non-residential use.

e) The use of the building shall be limited to low-impact non-residential activities

such as, but not limited to, personal, business, and repair services, business and professional offices, light industrial uses, research facilities, and warehousing and storage, and shall not involve the retail sale of goods



11/2004 45

except as accessory to another principal use. Any use that is listed as a special exception in the Suburban Residential District shall not be allowed as a Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building and shall be allowed only with approval of a special exception for that use.

f) The non-residential activity shall occur completely within the building and

there shall be no outside storage of materials, equipment, or products; except non-residential activities stated in standard l).

1 No equipment or

machinery associated with the use other than normal heating and ventilation units shall be located or operated outside of the building.

g) The Reuse of an Existing Agricultural Building shall maintain the architectural

character of the existing building and changes to the exterior of the structure shall be limited to minor changes and/or additions needed to provide access or light or to comply with code requirements. The design of any new, expanded, or reused building other than an Existing Agricultural Building shall be residential or rural/agricultural in character with a pitched roof with a minimum roof pitch of 5:12. Exterior materials shall be similar to those used on existing residential or agricultural buildings in the district.

h) Parking associated with the use shall not be located in any required setback.

If the building is located within one hundred feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking shall be screened from view from public streets or abutting properties in residential use through landscaping, fencing, or topography.

i) The use shall not produce noise, odors, fumes, vibrations, lighting or

electrical interference at the boundaries of the parcel that exceed the levels produced by typical single-family residential uses.

2

j) The hours of operation of the use shall be compatible with surrounding uses

and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

k) Notwithstanding the provisions of Chapter II, Section III – Signs, the non-

residential activity may have one (1) non-illuminated, double-sided sign with an area of not more than twenty-four (24) square feet per side. If there is more than one business entity occupying the building, there shall be a single, non-illuminated, double-sided sign with an area of not more than forty-eight (48) square feet per side for all of the businesses.

l) The non-residential activity not occurring completely within the building will be

compatible with the surrounding uses as determined through the application of standards a) through k) of this section and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

3

F. DENSITY BONUS Many parts of the Suburban Residential Zone have public water available and public

sewerage is planned in limited areas. Since the availability of these utilities reduces the development limitations imposed by soil characteristics, provision is made for a density bonus if one or both of these utilities will be utilized in the development.




11/2004 46

If public water or public sewer is utilized in the development, one additional dwelling unit may

be constructed for each three acres of the net acreage of the site. Individual lot sizes and frontage requirements may be reduced by up to 25%.

1

If public water and public sewer are utilized in the development, one additional dwelling unit

may be constructed for each 1.5 acres of the net acreage of the site. Individual lot sizes and frontage requirements may be reduced by up to 50%.

2



11/2004 47

SECTION VIII - RURAL DISTRICT1

A. PURPOSE The Town of Gorham contains large amounts of land which are either in current agricultural

use or which have soils which are suited for agricultural use. The Town recognizes that the continuation of agriculture within the Town is of economic, recreational, and scenic benefit to the residents of the Town as well as the greater region. Development within this district may occur in accordance with the cluster development provisions of Chapter II, Section IV of this Code

2.

B. PERMITTED USES

1) One and two-family dwellings, exclusive of mobile homes. 2) Permanent housing for agricultural workers as part of a farm. 3) Agricultural buildings and uses.

4) Roadside stands. 5) Municipally owned parks and playgrounds. 6) Accessory uses and buildings, including home occupations. 7) Sawmill, piggery or the raising of poultry. 8) Manufactured housing units on single-family residential lots in designated

manufactured housing sub-districts. 9) Municipal buildings or uses. 10) Apartment buildings or multifamily housing, except fraternity housing

3.

11) Public and private utility facilities, including substations, pumping stations, and

treatment facilities, but excluding business offices. 12) School, hospital, church, or any other institution of educational, religious,

philanthropic, fraternal organization4, or social nature which is not used for

residential purposes, which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicle trips during any twenty-four hour period.

13) Mineral extraction. 14) Agriculturally related business uses, including machinery sales and service, seed

and fertilizer sales, and similar uses. 15) Golf courses and country clubs.






11/2004 48

16) Facilities for the processing of agriculture products. 17) Funeral Home 18) Accessory Apartments

1

19) Reuse of an existing agricultural building for a non-residential use that meets the

Performance Standards of Subsection E2

20) Rural Entrepreneurial Use that meets the Performance Standards of Subsection

E3


4


1) Day Care Center.

2) Cemeteries.

3) Communication and transmission facilities, including relay stations, transmission towers, and antennas.

4) School, hospital, church or any other institution of education, religious, philanthropic,

fraternal organization5 or social nature which has two thousand (2,000) or more

square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.

5) Bed and Breakfast Establishment with public dining as an accessory use.6

6) Inn

7

D SPACE STANDARDS

Minimum lot size for residential lots which are not a part of a subdivision 60,000 sq.ft. per dwelling unit Minimum lot area per dwelling unit for residential 60,000 sq.ft. subdivisions or multi- family housing

8

Minimum lot size for non- residential lots 60,000 sq.ft.** Minimum street frontage 200 ft.* Minimum front yard *local street 50 ft. *collector or arterial









11/2004 49

street 70 ft. Minimum side and rear yard *residential 20 ft. *non-residential 50 ft. Maximum building height None *May be reduced up to 50% for lots fronting on turning circles provided that the lot width at

the front setback line is equal to or greater than the minimum street frontage required.

**The minimum lot area per dwelling unit shall be used to calculate the net residential density or the maximum number of dwelling units that can be placed on a parcel. Individual lots in a subdivision may vary in size as long as the subdivision conforms to the overall net residential density of the parcel, no lot for a single-family home is smaller than 40,000 square feet in area, and the individual lots are laid out to reflect the development suitability of the parcel.

1

Notwithstanding the provisions of this subsection D,

1. A lot listed on the National Register of Historic Places need not meet the minimum lot size or street frontage requirements so long as the lot is subject to either a conservation easement or deed restriction limiting its use or development solely to non-commercial conservation or historic purposes.

2. An auxiliary public utility structure is exempt from the minimum lot size and street

frontage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

2


1) The performance standards contained in Chapter II of the Code shall be fully observed.

2) Rural Entrepreneurial Uses Including the Reuse of Existing Agricultural

Buildings3

In addition to the performance standards of Chapter II, any Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building for a Non-Residential Use shall meet the following standards:

a) Notwithstanding the minimum lot size requirement of Subsection D, a Rural

Entrepreneurial Use or the Reuse of An Existing Agricultural Building shall be permitted only on a lot with an area of at least five (5) acres. If the lot contains another principal use(s), the lot must have at least five (5) acres for the Rural Entrepreneurial Use or Reuse of an Existing Agricultural Building in addition to the area required for the other principal use(s).

b) The total floor area for all buildings and structures used as part of the Rural

Entrepreneurial Use(s), but not including any part of a basement that is used only for storage or mechanical uses, shall be not more than one (1) percent of the area of the lot on which it is located or five thousand (5,000) square feet whichever is less. The five thousand (5,000) square foot limitation shall




11/2004 50

not apply to the Reuse of an Existing Agricultural Building provided the total floor area for all buildings and structures used for such Reuse, excluding any part of a basement that is used only for storage or mechanical uses, shall be not be more than one (1) percent of the area of the lot on which it is located.

c) Vehicular access to the lot on which the use is located shall be from a public

street that is classified by the Town as an arterial street, collector street, industrial or commercial street, or service road. In addition, the Reuse of an Existing Agricultural Buildings may get its vehicular access from a sub-collector if the lot on which it will be located is at least five (5) acres in area.

d) The total number of peak hour trip ends generated by the use based upon

the ITE Trip Generation Manual shall not exceed one (1) trip end per two hundred (200) square feet of gross floor area occupied by the non-residential use.

e) The use of the building shall be limited to low-impact non-residential activities

such as, but not limited to, personal, business, and repair services, business and professional offices, light industrial uses, research facilities, and warehousing and storage, and shall not involve the retail sale of goods except as accessory to another principal use. Any use that is listed as a special exception in the Rural District shall not be allowed as a Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building and shall be allowed only with approval of a special exception for that use.

f) The non-residential activity shall occur completely within the building and

there shall be no outside storage of materials, equipment, or products. No equipment or machinery associated with the use other than normal heating and ventilation units shall be located or operated outside of the building.

g) The Reuse of an Existing Agricultural Building shall maintain the architectural

character of the existing building and changes to the exterior of the structure shall be limited to minor changes and/or additions needed to provide access or light or to comply with code requirements. The design of any new, expanded, or reused building other than an Existing Agricultural Building shall be residential or rural/agricultural in character with a pitched roof with a minimum roof pitch of 5:12. Exterior materials shall be similar to those used on existing residential or agricultural buildings in the district.

h) Parking associated with the use shall not be located in any required setback.

If the building is located within one hundred feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking shall be screened from view from public streets or abutting properties in residential use through landscaping, fencing, or topography.

i) The use shall not produce noise, odors, fumes, vibrations, or electrical

interference at the boundaries of the parcel that exceed the levels produced by typical single-family residential uses.

j) The hours of operation of the use shall be compatible with surrounding uses

and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

k) Notwithstanding the provisions of Chapter II, Section III – Signs, the non-

residential activity may have one (1) non-illuminated, double-sided sign with an area of not more than thirty-two (32) square feet per side. If there is more

11/2004 51

than one business entity occupying the building, there shall be a single, non-illuminated, double-sided sign with an area of not more than forty-eight (48) square feet per side for all of the businesses.

SECTION IX - VILLAGE CENTERS DISTRICT1

SUBSECTION 1. LITTLE FALLS VILLAGE CENTER DISTRICT A. PURPOSE

To provide space within Little Falls Village for small, local, retail sales, commercial service, and office uses which are in keeping with the scale and character of the Village while minimizing the traffic problems and interruptions created by such development. In addition, the rehabilitation and reuse of existing structures is encouraged.

B. PERMITTED USES

1) Local retail stores (individual stores shall not have more than seven thousand (7,000) square feet of gross floor area).

2) Personal, business, and repair services. 3) Business and professional offices.

4) Residential uses including one-family dwellings, two-family dwellings, apartment buildings and multi-family housing but excluding mobile homes and trailers, except fraternity housing.

2

5) Municipal building or use. 6) Park or playground. 7) Accessory building or use including home occupations. 8) Rooming house. 9) Funeral home. 10) Place of public assembly, including indoor theater.


3, or social nature which is not used for

residential purposes, which has less than two thousand (2,000) square feet of floor area and which generates less than two hundred (200) vehicle trips during any twenty-four hour period.

12) Public utility facilities including substations, pumping stations, and exchange

buildings.



shall be effective July 6, 2010 3 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this amendment


11/2004 52

13) Drive-through service, as defined in Section V of this Chapter, when accessory to financial institutions.


1

15) Bed and Breakfast Establishment with public dining as an accessory use.

2

16) Inn

3

C. SPECIAL EXCEPTIONS 1) Day Care Center.

2) School, hospital, church or any other institution of education, religious, philanthropic, fraternal organization

4 or social nature which is not used for

residential occupancy and has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.

D. SPACE STANDARDS Minimum lot size: None* Minimum area per dwelling unit: * Minimum street frontage None* Building setback: New buildings constructed in the Village

Center District shall be located in such a manner as to maintain the established relationship of buildings to the street. No building shall be setback further than the average of the existing setbacks in the block in which the building is located or if an existing building is being demolished, than the pre-existing setback, whichever is greater.

Minimum side and rear yards: 10 feet* except as otherwise required by the buffer provisions of this Code. Maximum building height: 35 feet Maximum building coverage: None* *Space standards for residential uses shall be the same as for those in the Urban Residential District.

Notwithstanding the provisions of this subsection D, an auxiliary public utility structure is exempt from the minimum lot size and street frontage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

5






shall be effective July 6, 2010. 5 Amended April 6, 2010

11/2004 53

The performance standards contained in Chapter II of this Code shall apply and the following additional requirements shall be placed on uses within this district:

1) No portion of the lot in front of the front building line shall be used for accessory structures

1 off-street parking, service or loading.

2) The Planning Board may waive or reduce the off-street parking requirements if: a) An existing building is being converted to another permitted use, or

b) Adequate off-street parking is available in public cooperative off-street parking facilities within 300 feet of the site.

3) The Planning Board may require that entrances to uses in this district be

combined to the maximum extent possible.

4) Each building shall be limited to a maximum of one entrance and exit to Main Street at a point determined by the Planning Board.

SUBSECTION 2. GORHAM VILLAGE CENTER DISTRICT A. PURPOSE

To provide space within Gorham Village for small, local, retail sales, commercial service, and office uses which are in keeping with the scale and character of the Village while minimizing the traffic problems and interruptions created by such development. In addition, the rehabilitation and reuse of existing structures is encouraged.

B. PERMITTED USES 1) Retail stores having less than seven thousand (7,000) square feet of floor area on any floor. 2) Personal, business, and repair services. 3) Business and professional offices.

4) Residential uses including one-family dwellings, two-family dwellings, apartment buildings and multi-family housing but excluding mobile homes, trailers, and fraternity housing.

2

5) Municipal building or use. 6) Park or playground. 7) Accessory building or use including home occupations. 8) Rooming house. 9) Funeral home.




11/2004 54

10) Place of public assembly, including indoor theater.


1, or social nature which is not used for

residential purposes, which has less than two thousand (2,000) square feet of floor area and which generates less than two hundred (200) vehicle trips during any twenty-four hour period.

12) Public utility facilities including substations, pumping stations, and exchange buildings. 13) Drive-through service, as defined in Section V of this Chapter, when accessory to financial institutions. 14) Bed and Breakfast Establishment

2

15) Bed and Breakfast Establishment with public dining as an accessory use3

16) Inn

4


1) Day Care Center.

2) School, hospital, church or any other institution of education, religious, philanthropic, fraternal organization


residential occupancy and has two thousand (2,000) or more square feet of floor area or generates two hundred (200) or more vehicle trips during any twenty-four hour period.

D. SPACE STANDARDS

Minimum lot size: None*

Minimum area per dwelling unit: * Minimum street frontage None* Building Setback: New buildings constructed in the Village

Centers District shall be located in such a manner as to maintain the “village character” with respect to the relationship of buildings to the street. No building shall be setback further than the average of the existing setbacks in the block in which the building is located or if an existing building is being demolished, than the preexisting setback, whichever is less subject to the performance standards of Subsection E.

Minimum side and rear yards: 10 feet* except as otherwise required by the buffer provisions of this Code.

Maximum building height: 35 feet Maximum building coverage: None*







11/2004 55

*Space standards for residential uses shall be the same as for those in the Urban Residential District. Notwithstanding the provisions of this subsection D, an auxiliary public utility structure is

exempt from the minimum lot size and street frontage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

1


All buildings, structures, and uses shall conform to the following additional performance standards:

The general performance standards of Chapter II, The Site Plan approval criteria and standards of Chapter IV, Section IX where applicable, and The following additional performance standards.

If there is conflict between the various standards of performance, the more restrictive

provision shall apply. 1. Access into the Site

In addition to being safe and convenient, vehicular access into the site shall be designed to minimize traffic delays on the streets providing access to the site and shall meet the following requirements:

a. Entrances to uses in this district shall be combined to the maximum extent possible. b. Each parcel having frontage on Main Street shall be limited to a

maximum of one entrance from Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district. The Planning Board may further restrict access from Main Street when alternative access is available.

c. A parcel that does not have frontage on Main Street shall not be granted

vehicular access from Main Street except in cases where:

1) Access will be provided through a combined entrance with another parcel, and

2) The Planning Board determines that the increased use will not have a negative impact on Main Street traffic flow.

2. Egress from the Site

Vehicular egress from the site shall be designed to minimize the impact on Main Street traffic and the degradation of the character of the village and shall meet the following requirements:

a. Exits from uses in this district shall be combined to the maximum extent

possible.


11/2004 56

b. The creation of new vehicle exits onto Main Street shall be permitted only if the Planning Board finds that no other reasonable alternative exists. In this case, each parcel shall be limited to a maximum of one exit onto Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district.


vehicular egress to Main Street except in cases where:

1) Egress will be provided through a combined exit with another parcel, and

2) The Planning Board determines that the increased use will not

have a negative impact on Main Street traffic flow.

3. Vehicular Circulation Between Parking Lots

Provisions shall be made for the interconnection of non-residential parking lots on adjacent parcels where feasible and appropriate to allow vehicular circulation between lots without having to go onto the public street. Such interconnections shall be designed to minimize the potential for the parking areas to be used as a “short-cut” by traffic.

4. Parking Locations

Parking shall be designed to reinforce the “village character”. No off-street parking shall be located within any required front, side, or rear yard or setback. No portion of the lot in front of the front building line shall be used for off-street parking.

5. Reduction in Off-street Parking

The amount of off-street parking required by Chapter II, Section II may be reduced for uses in this district in accordance with the provisions of that section.

6. Relationship of the Building to the Street

Buildings shall be located on the lot in a manner that reinforces the “village character”. Where an established village scale setback relationship exists, a new building shall maintain the established relationship. The area between the front wall of the building and street shall be used for pedestrian amenities, walkways, and landscaping. For buildings on corner lots, the setback relationship of both streets shall be maintained where possible to avoid the creation of “empty lots.” In no event shall any accessory structure be located closer than any principal structure to a street abutting the lot.

1

7. Pedestrian Relationships and Facilities

Where sidewalks exist or can be constructed in front of the parcel, the site shall be designed to provide for pedestrian access to the front entrance of the building without the need to cross parking areas or access drives. The walkway to the front entrance shall be constructed with materials that contrast with the paving of the vehicular areas, that provide a safe and inviting access to the building, and that are visually compatible with other pedestrian facilities in the neighborhood. If a sidewalk is interrupted or crossed by a proposed driveway, access road, or


11/2004 57

other vehicular facility, the sidewalk material or design must be maintained across the driveway or another visually compatible method used to clearly delineate the sidewalk from the drive.

8. Motor Vehicle Facilities and Services

The locations and design of facilities for motor vehicles including driveways, access roads, drive through facilities, and service areas shall be compatible with the “village character”. Vehicular and service facilities shall not be located between the building and the street. Access drives, driveways, and entrances or exits to drive through services shall not pass between the building and the sidewalk where a sidewalk exists or will be created. Overhead doors and service areas shall be located on the side or rear of the building and shall be screened from view from a public street. Drive through services shall be designed to keep vehicular activity to the side and/or rear of the building and shall prevent the queuing of vehicles between the building and the street or in other areas where it is visually intrusive.

9. Street Facades

All buildings shall be designed so that the front wall of the building and any wall facing Main Street that is not a front wall have the visual appearance of a front facade. The façade shall incorporate pedestrian scale design features such as doors and windows to create a “village character”. Windows or architectural treatments designed to simulate windows shall comprise no less than twenty (20) percent of the exterior wall surface. The façade shall be designed to avoid large areas of blank wall space.

10. Signs

In addition to the requirements of Chapter II, Section III, all signs shall maintain the “village character”, be of a pedestrian scale, and shall be located to be visually compatible with the site and the building. All signs shall also comply with the following standards:

a) Freestanding signs shall be limited to a maximum height of eight (8) feet.

b) Signs shall not be located on roofs. c) Attached or projecting signs shall not extend above the roofline for flat roofs or the ridge line of pitched roofs. d) Internally illuminated signs shall be prohibited. 11. Roof Lines

Roofs shall be designed to maintain the “village character”. All new buildings and additions shall have pitched or gabled roofs to the extent practical. If a pitched roof is not practical, false building fronts shall be used to imitate pitched roofs. Accessory buildings, canopies, and other structures shall have roof lines that are visually compatible with the roof line of the principal building.

12. Building Materials

Buildings shall be compatible with the “village character”. The exterior surface of all facades that are visible from a public street shall use traditional New England

11/2004 58

materials or materials which replicate traditional materials such as vinyl clapboard siding, masonry units that replicate shake or clapboard siding, or metal or plastic roofing that simulates shake or shingle roofing. The use of flat concrete block, corrugated or flat metal, fiberglass, or plastic panels, reflective materials, stucco, or products such as T-111 or plywood on facades visible from public streets is not permitted. The treatment of accessory buildings and structures shall be compatible with the principal building and shall use similar materials, details, and level of trim.

13. Lighting

Exterior lighting shall be compatible with the “village character”. Exterior lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety, and comfort in parking and service areas and to not cause glare beyond the limits of the property boundaries. Lighting shall also conform to the following standards:

a) At a minimum, light fixtures shall have a total cutoff of light at no more

than ninety (90) degrees and a beam cutoff of no more than seventy-five (75) degrees.

b) The illumination of parking lots shall provide for a uniformity ratio of not more than 4:1 (ratio of average to minimum illuminance) to provide for an even distribution of light.

c) The maximum illumination level within parking lots shall be not more than 6.0 footcandles measured at the ground surface.

d) The maximum illumination level at the property line with abutting properties in a residential district shall be not more than 0.2 footcandles.

e) The illumination of other areas and facilities may be greater than the level established for parking lots provided that the lighting level and design are consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.

f) Building mounted or wall pack lighting fixtures that have lamps or reflectors that are exposed to angles greater than forty-five (45) degrees above nadir are prohibited.

g) The maximum light fixture height shall be twenty (20) feet. h) Awnings shall not be illuminated in a manner that results in light being

emitted through the awning material or that results in the awning appearing to be illuminated.

i) The color of light fixtures and poles shall be compatible with the “village character”. No colors intended to accent the fixtures or poles shall be permitted.

j) Lamps in exterior light fixtures shall be incandescent, metal halide, or high pressure sodium. Low pressure sodium lamps are prohibited.

k) The use of exterior string lighting shall be prohibited except as part of seasonal holiday displays.

l) Lighting that outlines the building or building features shall be prohibited. m) Period or historical fixtures that do not meet these requirements may be

used as an alternative to conventional lighting provided that if the fixtures are not cutoff fixtures the maximum initial lumens generated by each fixture shall not exceed 2,000 for incandescent lamps and 8,500 for metal halide lamps if the lamp is internally recessed within the fixture or is shielded by internal louvers or refractors and the mounting height shall not exceed fifteen (15) feet above the adjacent ground.

n) A photometric point by point analysis, on a grid no larger than 20 feet, shall be submitted to the Planning Board for review for all major developments requiring site plan review, applications involving increased security risks such as banks and ATM’s, and applications for uses

11/2004 59

regularly open after 9:00 PM. The grid shall extend to all project property boundaries.

SECTION X URBAN COMMERCIAL DISTRICT

1

A. PURPOSE

To provide general sales, services and business space in the Town of Gorham. Within this district, the redevelopment of parcels in a manner that is consistent with the “village character” is encouraged.

B. PERMITTED USES

1) Any building or use listed under Section IX, Subsection B, Village Centers District. 2) Retail businesses and service establishments. 3) Accessory uses and buildings including a caretaker unit.

2

4) Municipal building or use. 5) Rooming house, excluding fraternity housing.

3

6) Funeral home. 7) Place of public assembly, including indoor theater. 8) School, hospital, church, or any other institution of educational, religious,

philanthropic, fraternal organization4, or social nature which is not used for

residential occupancy which has less than two thousand (2,000) square feet of floor area and which generates less than two hundred (200) vehicle trips during any twenty-four hour period.

9) Public utility facilities including substations, pumping stations, and exchange buildings. 10) Drive-through service which is accessory to a permitted use. 11) Bed and Breakfast Establishment

5

12) Bed and Breakfast Establishment with public dining as an accessory use

6

13) Inn

7

C. SPECIAL EXCEPTIONS 1) Day Care Center.








11/2004 60

2) School, hospital, church or any other institution of education, religious,

philanthropic, fraternal organization1 or social nature which is not used for

residential occupancy which has two thousand (2,000) or more square feet of floor area or which generates two hundred (200) or more vehicle trips during any twenty-four hour period.

D. SPACE STANDARDS 1) Urban Commercial District:

Minimum lot size: None* Minimum area per dwelling unit: * Minimum street frontage: None* Minimum front yard: 25 feet*

Minimum side and rear yards:10 feet* except as otherwise required by the buffer provisions of this Code

Maximum building height: 35 feet* Minimum open space: 25% of lot area. *Except that space standards for residential uses shall be the same as for the Urban Residential District. Notwithstanding the provisions of this subsection D, an auxiliary public utility

structure is exempt from the minimum lot size, street frontage requirements, and open space requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

2


All buildings, structures, and uses shall conform to the following additional performance standards: - The general performance standards of Chapter II, - The Site Plan approval criteria and standards of Chapter IV, Section IX where applicable, and - The following additional performance standards If there is conflict between the various standards of performance, the more restrictive provision shall apply.

1. Access into the Site

In addition to being safe and convenient, vehicular access into the site shall be designed to minimize traffic delays on the streets providing access to the site and shall meet the following requirements: a. Entrances to uses in this district shall be combined to the maximum

extent possible.

1 Amended October 5, 2010 Effective Date: Notwithstanding any provisions to the contrary, this ordinance

shall be effective July 6, 2010. 2 Amended April 6, 2010

11/2004 61

b. Each parcel having frontage on Main Street shall be limited to a maximum of one entrance from Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district. The Planning Board may further restrict access from Main Street when alternative access is available.


vehicular access from Main Street except in cases where:

1) Access will be provided through a combined entrance with another parcel, and

2) The Planning Board determines that the increased use will not have a negative impact on Main Street traffic flow.

2. Egress from the Site

Vehicular egress from the site shall be designed to minimize the impact on Main Street traffic and the degradation of the character of the village and shall meet the following requirements:

a. Exits from uses in this district shall be combined to the maximum extent

possible. b. The creation of new vehicle exits onto Main Street shall be permitted

only if the Planning Board finds that no other reasonable alternative exists. In this case, each parcel shall be limited to a maximum of one exit onto Main Street at a location determined by the Planning Board to be consistent with the purposes of this zoning district.

c. A parcel that does not have frontage on Main Street shall not be granted vehicular egress to Main Street except in cases where:

1) Egress will be provided through a combined exit with another

parcel, and 2) The Planning Board determines that the increased use will not

have a negative impact on Main Street traffic flow. 3. Vehicular Circulation Between Parking Lots

Provisions shall be made for the interconnection of non-residential parking lots on adjacent parcels where feasible and appropriate to allow vehicular circulation between lots without having to go onto the public street. Such interconnections shall be designed to minimize the potential for the parking areas to be used as a “short cut” by traffic.

4. Parking Locations

Parking shall be designed to reinforce the “village character”. No off-street parking shall be located within any required front, side, or rear yard or setback. Along Main Street, no parking shall be located between the sidewalk and the wall of any building that is located within one hundred (100) feet of the Main Street property line. Along other streets, no parking shall be located between the sidewalk and the front wall of any building.

5. Reduction in Off-street Parking

The amount of off-street parking required by Chapter II, Section II may be reduced for uses in this district in accordance with the provisions of that section.

11/2004 62

6. Relationship of the Building to the Street

Buildings shall be located on the lot in a manner that reinforces the “village character”. Where an established village scale setback relationship exists, a new building shall maintain the established relationship. If an established setback relationship does not exist, the building shall be located so that the front wall of the building is either:

a. Within thirty feet of the front property line, or b. More than one hundred feet from the front property line

If the front wall of a building is located within thirty (30) feet of the property line, the area between the building and street shall be used for pedestrian amenities, walkways, and landscaping. No accessory buildings are permitted within this area.

1

If the front wall of a building is located more than thirty feet from the property line, the front yard

2 shall be treated with structural elements, accessory buildings,

and/or landscaping to establish a visual sense of a village scale setback. In no event shall any accessory structure be located closer than any principal structure to a street abutting the lot.

3

For new buildings on corner lots, the setback relationship of both streets shall be maintained where possible to avoid the creation of “empty corners.”

7. Pedestrian Relationships and Facilities

Where sidewalks exist or can be constructed in front of the parcel, the site shall be designed to provide for pedestrian access to the front entrance of the building without the need to cross parking areas or access drives if the front wall of the building is located within one hundred (100) feet of the property line. The walkway to the front entrance shall be constructed with materials that contrast with the paving of the vehicular areas, that provide a safe and inviting access to the building, and that are visually compatible with other pedestrian facilities in the neighborhood. If a sidewalk along the street is interrupted or crossed by a proposed driveway, access road, or other vehicular facility, the sidewalk material or design must be maintained across the driveway or another visually compatible method used to clearly delineate the sidewalk from the drive.

Provisions shall be made for pedestrian circulation between buildings and uses within a site or on adjacent parcels if the buildings do not have a direct relationship to the sidewalk or if the front wall of the building is located more than one hundred (100) feet from the property line.

8. Motor Vehicle Facilities and Services

The locations and design of facilities for motor vehicles including driveways, access roads, drive through facilities, and service and fueling areas shall be compatible with the “village character”. Service facilities shall not be located between the front wall of the building and the street or between the building and Main Street. Access drives, driveways, and entrances or exits to drive through services shall not pass between the front wall of the building and the sidewalk




11/2004 63

where a sidewalk exists or will be created if the building is located within one hundred (100) feet of the street. Overhead doors and service areas shall be located on the side or rear of the building and shall be screened from view from a public street. Facilities for the dispensing of fuel shall be located at the side of the principal building. Drive through services shall be designed to keep vehicular activity to the side and/or rear of the building and shall prevent the queuing of vehicles between the front wall of the building and the street or in other areas where it is visually intrusive or creates traffic problems.

9. Street Facades

All buildings shall be designed so that the front wall of the building and any wall facing Main Street that is not a front wall have the visual appearance of a front facade. The facade shall incorporate pedestrian scale design features such as doors and windows to create a “village character”. Windows or architectural treatments designed to simulate windows shall comprise no less than twenty (20) percent of the exterior wall surface. The facade shall be designed to avoid large areas of blank wall space.

10. Signs

In addition to the requirements of Chapter II, Section III, all signs shall maintain the “village character”, be of a pedestrian scale, and shall be located to be visually compatible with the site and the building. All signs shall comply with the following standards:

a) Freestanding signs shall be limited to a maximum height of eight (8) feet. b) Signs shall not be located on roofs.

c) Attached or projecting signs shall not extend above the roofline for flat roofs or the ridge line of pitched roofs.

d) Internally illuminated signs shall be prohibited. 11. Roof Lines

Roofs shall be designed to maintain the “village character”. All new buildings and additions shall have pitched or gabled roofs to the extent practical. If a pitched roof is not practical, false building fronts shall be used to imitate pitched roofs. Accessory buildings, canopies, and other structures shall have rooflines that are visually compatible with the roofline of the principal building.

12. Building Materials

Buildings shall be compatible with the “village character.” The exterior surface of all facades that are visible from a public street shall use traditional New England materials or materials which replicate traditional materials such as vinyl clapboard siding, masonry units that replicate shake or clapboard siding, or metal or plastic roofing that simulates shake or shingle roofing. The use of flat concrete block, corrugated or flat metal, fiberglass, or plastic panels, reflective materials, stucco, or products such as T-111 or plywood on facades visible from public streets is not permitted. The treatment of accessory buildings and structures shall be compatible with the principal building and shall use similar materials, details, and level of trim.

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13. Lighting

Exterior lighting shall be compatible with the “village character”. Exterior lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety, and comfort in parking areas and to not cause glare beyond the limits of the property boundaries. Lighting shall also conform to the following standards:

a) At a minimum, light fixtures shall have a total cutoff of light at no more

than ninety (90) degrees and a beam cutoff of no more than seventy-five (75) degrees.

b) The illumination of parking lots shall provide for a uniformity ratio of not more than 4:1 (ratio of average to minimum illuminance) to provide for an even distribution of light.

c) The maximum illumination level within parking lots shall be not more than 6.0 footcandles measured at the ground surface.

d) The maximum illumination level at the property line with abutting properties in a residential district shall be not more than 0.2 footcandles.

e) The lighting of canopies shall not be used to attract attention to the business. Areas under canopies shall be illuminated so that the uniformity ratio (ratio of average to minimum illuminance) shall be no greater than 3:1 with an average illumination level of not more than 30 foot candles.

f) Light fixtures located on canopies shall be mounted so that the lens cover is recessed or flush with the ceiling of the canopy.

g) The illumination of other areas and facilities may be greater than the level established for parking lots provided that the lighting level and design are consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.

h) Building mounted or wall pack lighting fixtures that have lamps or reflectors that are exposed to angles greater than forty-five (45) degrees above nadir are prohibited.

i) The maximum light fixture height shall be twenty (20) feet for parking lots with less than twenty thousand (20,000) square feet of area, twenty-five (25) feet for parking lots with twenty thousand (20,000) to eighty thousand (80,000) square feet of area and thirty (30) feet for lots larger than eighty thousand (80,000) square feet.

j) Awnings shall not be illuminated in a manner that results in light being emitted through the awning material or that results in the awning appearing to be illuminated.

k) The color of light fixtures and poles shall be compatible with the “village character”. No colors intended to accent the fixtures or poles shall be permitted.

l) Lamps in exterior light fixtures shall be incandescent, metal halide, or high pressure sodium. Low pressure sodium lamps are prohibited.

m) The use of exterior string lighting shall be prohibited except as part of seasonal holiday displays.

n) Lighting that outlines the building or building features shall be prohibited. o) Period or historical fixtures that do not meet these requirements may be

used as an alternative to conventional lighting provided that if the fixtures are not cutoff fixtures the maximum initial lumens generated by each fixture shall not exceed 2,000 for incandescent lamps and 8,500 for metal halide lamps if the lamp is internally recessed within the fixture or is shielded by internal louvers or refractors and the mounting height shall not exceed fifteen (15) feet above the adjacent ground.

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p) A photometric point by point analysis, on a grid no larger than 20 feet, shall be submitted to the Planning Board for review for all major developments requiring site plan review, applications involving increased security risks such as banks and ATM’s, and applications for uses regularly open after 9:00 PM. The grid shall extend to all project property boundaries.

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SECTION XI - ROADSIDE COMMERCIAL DISTRICT A. PURPOSE To provide general sales, services and business space in the Town of Gorham. B. PERMITTED USES 1) Any building or use listed under Section X, Subsection B and C, Urban Commercial District. 2) Auto-oriented businesses. 3) Accessory uses and buildings including a caretaker unit.

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4) Used car lot. 5) Gasoline station and/or repair garage. 6) Public utility facilities including substations, pumping stations, and sewage treatments plants. 7) Light Industrial Uses of ten thousand (10,000) square feet or less of gross building floor area. 8) Commercial outdoor recreation facilities. 9) Bed and Breakfast Establishment

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11) Inn

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C. SPECIAL EXCEPTIONS 1) Mobile Vending Unit.

D. SPACE STANDARDS Minimum lot size: None Minimum area per dwelling unit: * Minimum street frontage: None* Minimum front yard: 50 feet* Minimum side and rear yards: 30 feet except as otherwise required

by the buffer provisions of this Code and except when the side and/or rear yards abut a residential district in which case a minimum of 30 feet for commercial uses and 50 for light industrial uses or 50% of





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the building or outdoor stored material height, whichever is greater, shall be required.

Maximum building height: None Maximum building or outdoor stored material coverage: None* *Except that space standards for residential uses shall be the same as those of the Suburban District.


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The performance standards contained in Chapter II of this Code shall be fully observed.


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SECTION XII - INDUSTRIAL DISTRICT A. PURPOSE To provide areas within the Town of Gorham for manufacturing, processing, treatment, research, warehousing and distribution and to which end all the performance standards set forth in this Code shall apply. B. PERMITTED USES 1) Manufacturing, processing and treatment. 2) Warehousing and outdoor storage. 3) Road and rail distribution facilities. 4) Research facilities. 5) Wholesale businesses and wholesale business establishments, but excluding junk yards.

6) Accessory uses and buildings, including retail and service uses accessory to another permitted use and also including a caretaker unit for residential use

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provided that there shall be no more than one residential unit on a property and such unit shall be resided in by an owner of the property, an employee of the industrial operation, or a person who serves as a security person. In the event that the principal industrial use or other permitted use terminates, than the accessory residential use shall also terminate.

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7) Municipal and governmental uses. 8) Public utility facilities including substations, pumping stations and sewage treatment plants. 9) Mineral extraction. C. SPECIAL EXCEPTIONS 1) (Reserved)

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D. SPACE STANDARDS Minimum area of lot None* Minimum area per dwelling unit * Minimum street frontage None*

Minimum front yards 30 feet except where the front yard abuts a residential use or district, in which case a minimum of 50 feet shall be provided.

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Minimum side and rear yards 205 ft.* except as otherwise required by

the buffer provisions of this Code and except where the side and/or rear yards






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abut a residential use1 or district in which

case a minimum of 30 ft. or 50% of the building or outdoor stored material height, whichever is greater, shall be required.

Maximum building height None Maximum building coverage None* *Except that space standards for residential uses shall be the same as for the Suburban

Residential and Rural Districts.


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The general performance standards contained in Chapter II of this Code shall be fully observed and the following additional standards shall be required of uses within this district.

1) There shall be no new access or curb cuts to Main Street, Libby Avenue or New

Portland Road from any lots in the Industrial District, when an alternative access exists as of November 30, 1998, provided however, if no such alternative exists than there can be only one access or curb cut per lot in existence at the date of adoption of this ordinance. The Planning Board may allow additional access points onto Main Street or New Portland Road if the developer demonstrates that additional access would provide for better traffic circulation and improved traffic safety, without reducing the level of service on the main travel way.

2) Except where it abuts existing industrial zoned land, all land zoned industrial after

November 30, 1998 shall have a “perimeter setback” of one hundred feet (100’), which shall be subject to the restrictions set out below. The Planning Board may reduce the perimeter setback by up to 50% if it finds that doing so would result in a better plan of development for the project site.

a) No portion of the “perimeter setback” shall be used for storage of

equipment or inventory, service and loading, parking or any buildings or structures. Subject to Paragraph 1) above, access roads and utilities may cross the “perimeter setback” to provide access to and from a street but shall be designed to minimize the disruption of the “perimeter setback.” No direct access to parking stalls shall be provided from an access road located within the “perimeter setback.”

b) A landscaped buffer area, as provided in Subparagraph 2) c) below, shall

be designed and maintained within the “perimeter setback.”

c) A detailed landscaping plan, prepared by a landscape architect, shall be prepared for the landscaped buffer area and submitted as part of Site Plan Review, for all lots, with a perimeter setback." The landscaped buffer area shall be designed to provide effective visual and auditory buffering from abutting residential properties, create an attractive appearance for the proposed new development and maintain an attractive gateway to Gorham consistent with the goals and objectives of



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the Town of Gorham Comprehensive Plan. Existing natural features and vegetation may be incorporated into the plan for the buffer area if they are found to create an effective visual and auditory buffer by the Planning Board. All such buffer areas shall be maintained for the life of the project.

3) Fencing, screening, landscaped berms, natural features, or combination thereof,

shall be utilized to shield from the view of abutting residential properties and public ways, along the perimeter setback of the Industrial District, all loading and unloading operations, storage and repair work areas, commercial vehicle parking, and waste disposal and collection areas.

Effective date: Notwithstanding any law to the contrary, this ordinance amendment shall take effect as of (November 30, 1998.)

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SECTION XIII - COMMERCIAL/OFFICE DISTRICT1

A. PURPOSE

To provide areas in the Town of Gorham which accommodate a suitable mix of retail commercial businesses and professional offices in a manner which maintains the attractiveness of the major entrances to Gorham, protects the physical environment, maintains the traffic capacity of existing major roads and protects abutting property owners.

B. PERMITTED USES 1) Retail Stores 2) Service establishments 3) Personal services 4) Business and professional offices and professional out-patient clinics 5) Shopping centers 6) Municipal buildings or uses 7) Park or playground 8) Rooming house, excluding fraternity housing.

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9) Funeral home 10) Places of public assembly, including indoor theater



residential purposes, which has less than two thousand (2,000) square feet of floor area and generates less than two hundred (200) vehicles trips during any twenty-four hour period.

12) Public and private utility facilities, including substations, pumping station(s) and treatment facilities. 13) Drive-through service which is accessory to a permitted use 14) Accessory buildings and uses

15) Residential uses, including one-family dwellings, two-family dwellings, apartment buildings and multi-family housing

16) Day Care Homes as Home Occupations





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17) Bed and Breakfast Establishment1


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19) Inn

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C. SPECIAL EXCEPTIONS 1) Day Care Centers

2) School, hospital, church or any other institution of educational, religious, philanthropic, fraternal organization


residential occupancy which has two thousand (2,000) or more square feet of floor area or which generates two hundred (200) or more vehicle trips during any twenty-four hour period.

D. SPACE STANDARDS 1) Residential Uses Standards for residential uses shall be the same as the standards of the Suburban Residential District. 2) Non-Residential Uses Standards for non-residential uses shall be as follows: Minimum lot size 60,000 square feet

Minimum street frontage 200 feet Minimum front yard - local or

collector street 50 feet or two (2) times the building height, whichever is greater Minimum front yard - arterial street 80 feet or three (3) times the building height, whichever is greater Minimum side and rear yard 50 feet or two (2) times the building height, whichever is greater

Maximum building height 35 feet Maximum floor area ratio 0.35 Minimum landscaped buffer on any side abutting an arterial street 50 feet Minimum landscaped buffer on any side abutting a collector or local street 25 feet Notwithstanding the provisions of this subsection D, an auxiliary public utility structure is exempt from the minimum lot size, street frontage, and floor area ratio requirements of






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this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

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The following performance standards shall apply in addition to the standards contained in Chapter II of this ordinance:

1) All non-residential uses shall be supplied with public water service.

2) All non-residential uses which generate a design sewerage flow in accordance with the Maine State Plumbing Code of more than 3,000 gallons per day shall be serviced with public sewer.

3) A landscaped buffer area shall be designed and maintained to minimize the

adverse impact on abutting properties and the public and to soften the appearance of the structure(s) and in particular, to minimize the adverse impact on any structures which exist on abutting lots located outside this district, which structures exist as of the date of enactment of this zoning ordinance amendment on September 17, 1996. No building, parking or service areas shall be located in the buffer area. Access roads may cross the buffer area to provide access to and from a street, but shall be designed to minimize the disruption of the buffer area. No direct access to parking stalls shall be provided from an access road located in a buffer area.

4) Projects involving more than one building shall provide an internal circulation

system to minimize entrances to the project.

5) Parking lots shall have internal landscape islands designed to reinforce the desired circulation pattern and to provide a visual break and buffer.

6) The location of all entrances to a collector or arterial street shall meet the

minimum sight distance requirements of the Maine Department of Transportation for the posted speed limit.

7) All non-residential uses shall be served by underground utilities.

8) All principal buildings and structures for non-residential purposes shall be of a traditional New England Village design to be compatible with the predominant scale and character of the existing Gorham Village architecture


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SECTION XIV - OFFICE-RESIDENTIAL DISTRICT A. PURPOSE

To provide space within the Town of Gorham for a mixture of residential uses and business and professional offices in close proximity to the existing commercial areas of the Town. These office uses are intended to be in keeping with the existing character and scale of the area. The reuse and rehabilitation of existing structures is encouraged for new office uses.

B. PERMITTED USES

1) Any building or use identified as a permitted use in the Urban Residential District under Section VI, Subsection B of this Chapter.

2) Business and professional offices. 3) Drive-through service, as defined in Section V or this Chapter, when accessory to financial institutions. 4) Bed and Breakfast Establishment

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C. SPECIAL EXCEPTIONS 1) Any building or use identified as a special exception in the Urban Residential District under Section VI, Subsection C of this Chapter. 2) Bed and Breakfast Establishment with public dining as an accessory use

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3) Inn

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D. SPACE STANDARDS FOR RESIDENTIAL AND ACCESSORY RESIDENTIAL USES The standards set forth at Section VI, Subsection D, Urban Residential District, of this Chapter shall apply to all residential and accessory residential uses in this district. E. SPACE STANDARDS FOR NON-RESIDENTIAL USES

A structure existing at the date of adoption of this Section that does not conform to any of the following space standards may be converted or rehabilitated to an allowed non-residential use, provided that such conversion involves no exterior enlargement of the existing structure or additional area for vehicular parking or access. Conversions involving exterior enlargement or additional parking or access areas shall adhere to all applicable space standards.

Minimum lot size 20,000 square feet Minimum street frontage 80 feet

Building setback New buildings constructed in this district shall be located in such a manner as to maintain the relationship to the street




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established by existing neighboring structures. Where no such relationship exists, the minimum setback shall be 40 feet.

Minimum side and rear yards 20 feet Maximum building height 30 feet or two stories, whichever is less. Maximum floor area ratio 0.15 Maximum impervious coverage ratio 0.40 Maximum gross floor area per each principal structure 8,000 square feet Maximum gross floor area per lot 20,000 square feet

Notwithstanding the provisions of this subsection E, an auxiliary public utility structure is exempt from the minimum lot size, street frontage, floor area ratio, and impervious coverage requirements of this district. Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

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F. PERFORMANCE STANDARDS

The performance standards contained in Chapter II of this Code shall be fully observed, with the following additional restrictions or allowances to be placed on uses within this district.

1) No portion of lot in front of the front building line shall be used for off-street parking,

service, or loading. 2) All new non-residential uses shall be supplied with public water service. 3) All lots that generate a design sewerage flow, calculated in accordance with the

Maine State Plumbing Code, of more than 3,000 gallons per day shall be serviced by public sewer.

4) The Planning Board may waive or reduce the off-street parking requirements of

Chapter II, Section II, Subsection A of this Code if: a) An existing building is being converted to another permitted or special

exception use, or b) Adequate off-street parking is available in public or cooperative

off-street parking facilities within 300 feet of the site. 5) Any parking lot shall have a maximum of 32 parking spaces. Adjacent parking lots

shall be separated by a landscaped buffer strip at least 25 feet wide. 6) No portion of a required rear or side yard may be used for parking if such yard abuts

a residential zone or use. 7) For non-residential uses, the required front setback, side yard, and rear yard shall

be maintained as landscaped buffer areas. These areas shall be vegetated and designed to minimize any adverse effects on aesthetic or environmental qualities as perceived by abutting properties and the public, and to screen or mitigate the appearance of such non-residential uses. No building, parking, or service areas are


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to be located in the buffer areas. Access roads may cross buffer areas to provide access to and from a street but shall be designed to minimize the disruption of the buffer areas. No parking shall be permitted along the segment of an access road that crosses a buffer area.

Where principal structure(s) in non-residential use would occur on the same lot with principal structure(s) in residential use, such structures shall be separated by a minimum of 35 linear feet of landscaped buffer area.

8) Projects involving more than one principal building shall provide an internal

circulation system to minimize entrances to the project. 9) To minimize vehicle turning conflicts and traffic congestion, the Planning Board may

require that entrances to uses in this district be combined to the maximum extent possible.

10) To minimize vehicle turning conflicts and traffic congestion, the Planning Board may

limit each building to one point of street entrance and exit at a point determined by the Board.

11) No new access road shall be created that will provide vehicular access to Main

Street from property lacking Main Street frontage. 12) All new non-residential uses, if subject to site Plan Review under Chapter IV of this

Code, shall also be subject to review by a local Architectural Review Board, from the time such a Board has been established.

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SECTION XV - MANUFACTURED HOUSING PARK OVERLAY DISTRICT A. PURPOSE To allow a number of environmentally suitable locations in Town for the expansion of

existing manufactured home parks and the development of new manufactured home parks in accordance with M.R.S.A. Title 30-A, Section 4358. A manufactured housing park shall be defined as parcel of land under unified ownership approved by the municipality for the placement of three (3) or more manufactured homes.

B. SELECTION CRITERIA The following criteria shall be used in selection of manufactured home park overlay districts. 1.. Expansion of existing Manufactured Home Parks 2.. Environmental suitability 3.. Proximity to municipal services (including public sewer and water or likelihood the area will be served by public sewer and water in the future) 4. Areas that can be adequately buffered 5. Areas served by roads adequate to accommodate additional traffic. C. PERMITTED USES 1. Any building or use identified as a permitted use in the underlying district

2. Manufactured home parks as defined, subject to subdivision review by the Planning Board.

D. SPECIAL EXCEPTION 1. Any building or use identified as a special exception in the underlying district. E. SPACE STANDARDS FOR MANUFACTURED HOME PARKS 1. Minimum lot size: Lots served by public sewer 6,500 square feet Lots served by individual subsurface waste disposal system 20,000 square feet 2. Minimum lot width: Lots served by public sewer 50 feet Lots served by individual sub-surface waste disposal systems 100 feet

Notwithstanding the provisions of this subsection E, an auxiliary public utility structure is exempt from the minimum lot size and street frontage requirements of this district.

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Structures must meet setback requirements. Additional screening and buffering can be requested by the Planning Board.

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F. PERFORMANCE STANDARDS FOR MANUFACTURED HOME PARKS 1. Open Space reservation

a. For sewered project, an area no less than 10% of the project area shall be set aside as open space.

b. Such space shall be accessible and usable by all residents of the park. Parking space, driveways and buffer areas are not considered usable open space.

c. For all manufactured home parks proposals, dedication of open space is strongly encouraged. 2. Buffering a. A 50-foot wide buffer strip shall be provided along all property boundaries that: 1) Abut residential land which has a gross density of less than half of that proposed in the park.

2) Abut residential land that is zoned at a density of less than half of that proposed in the park.

b. The buffer shall not have within it any structures or utilities, except utilities may cross the buffer.

c. Reasonable natural screening requirements shall be required for the first 25 feet of a buffer as measured from the external boundary of the park.

d. Substantial buffering and screening are strongly encouraged for all proposed manufactured home parks.

3. Groundwater impact a. For unsewered manufactured home park proposals, the person or firm

developing or expanding a manufactured housing park shall have the burden of proof of demonstrating that the development shall not pollute a public water source or aquifer or violate any provision of State law relating to land use development, subdivision or use.

4. Streets and Traffic

a. All streets within a park shall be designed by a Professional Engineer, registered in the State of Maine, and shall be built according to accepted engineering standards.

b. No manufactured home lot shall have vehicle access onto a State highway or other access limited road.


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c. A traffic impact analysis shall be required if the park will generate more than 200 vehicle trips per day.

d. For parks expected to generate 200 vehicle trips per day or more, there shall be at least two entrances from public streets or roads.

G. OTHER REQUIREMENTS

1. No lot in a manufactured home park created under this provision shall be sold or conveyed without the prior approval of the Planning Board. Any such lot sold or conveyed shall meet the lot requirements and other standards of the district in which it is located.

2. Manufactured homes or manufactured home lot development shall not be permitted within 250 feet of the Presumpscot River, including North Gorham and Dundee Ponds and of the Little River below its convergence with Martin Brook.

3. The requirements and standards of the Town's Mobile Home Park Ordinance shall

also be applied to the expansion and development of manufactured housing parks under this section. However, in the case of conflicting requirements or standards, the provisions of this section, State law and the Town's subdivision regulations shall control.

4. The requirements and standards of the Chapter II, Section VII of the Land Use

and Development Code, "Installation of Manufactured Housing Units," shall also be applied to the expansion and development of manufactured housing parks under this section. However, in the case of conflicting requirements or standards, the provisions of State law shall control.

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SECTION XVI - NARRAGANSETT DEVELOPMENT DISTRICT A. PURPOSE To allow a wide range of non-residential uses subject to performance standards with the following objectives: 1) Promote innovative and attractive non-residential planned development;

2) Promote good quality commercial, light industrial, and specialty enterprises which produce sustainable growth in the economic base and job opportunities;

3) Promote efficient use of land and of such public facilities as streets and utilities: 4) Promote commercial development which complements uses within Gorham Village and is compatible in respect to the character and scale of Gorham Village. B. PERMITTED USES 1) Commercial/Light Industrial Uses a) Retail stores; b) Shopping centers; c) Drive-through services; d) Motels; e) Business or professional offices; f) Research and development laboratories, which are exclusively located indoors; g) Production, fabrication, processing, assembling, packing, storing and distribution of: 1) Precision electrical or precision mechanical equipment; 2) Optical goods, business machines, precision instruments, surgical and dental instruments; 3) Pharmaceutical, toiletry and cosmetics; 4) Any other use of the same general character as any of the uses listed above. h) Printing, engraving, bookbinding and other similar services; i) Offices for executive, administrative and data processing activities. j) Bed and Breakfast Establishment with public dining as an accessory use

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k) Inn2

2) Other Uses a) Mini park facilities; b) Indoor recreational facilities; c) Utility substations;

d) Schools, day care homes and centers, nursery schools, hospitals, churches or any other institutions of an educational, philanthropic, fraternal or social nature;



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e) Uses and buildings that are accessory to the above-mentioned uses, including caretaker units

1 and parking lots, are also permitted uses.

C. DIMENSIONAL STANDARDS 1) Net Acreage - The density of all developments shall be based on the

established net acreage of the proposed site. Net acreage shall be determined in accordance with Chapter I., Section V. (Net Acreage). Deductions under this net acreage provision shall be subtracted from the gross acreage of the proposed site.

2) Non-residential Density - The total gross floor area of all the non-residential

uses shall not exceed thirty percent (30%) of the net acreage of the parcel dedicated to such uses. No more than seventy percent (70%) of the net acreage of the non-residential parcel may be covered with buildings, structures, accessory uses such as parking lots and other impervious surfaces.

3) Dedicated open space - Developments shall reserve thirty percent (30%) of the gross acreage as dedicated open space, excluding landscaping and buffer yard requirements. 4) Non-residential Space Standards a) Minimum lot size - Fifty thousand (50,000) square feet. b) Minimum street frontage - One hundred, fifty (150) feet. c) Minimum front yard - 80 feet or three (3) times the building height whichever is greater. d) Minimum side and rear yard - 50 feet or two (2) times the building height whichever is greater. e) Maximum building height - 50 feet or four stories, whichever is less.

5) Residential Space Standards - Space standards for existing residential uses shall be the same as for the Suburban Residential District.

6) Notwithstanding the provisions of this subsection C, an auxiliary public utility

structure is exempt from the minimum lot size, street frontage, net acreage, gross floor area, and dedicated open space requirements of this district.

2

D. PERFORMANCE STANDARDS 1) Buffer yards

a) Screening of non-residential uses - Non-residential uses shall be screened from adjacent residential zoning districts and developments by a buffer yard of twenty (20) feet in width containing at least three (3) canopy trees, six (6) under story trees and nine (9) shrubs per one hundred (100) feet of length along the perimeter of the lot line adjacent to the residential use.

b) Screening along public roadways - Development adjacent to public roadways shall be screened as follows:



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1) Abutting an arterial or collector street - A buffer yard of ten (10) feet

in width containing at least one (1) canopy tree, two (2) under story trees, and three (3) shrubs per one hundred (100) feet of frontage.

2) Abutting a local street and facing non-residential uses - A buffer

yard of ten (10) feet in width containing at least one (1) canopy tree per one hundred (100) feet of frontage.

3) Abutting a public street and facing residential use - A buffer yard of

fifteen (15) feet in width containing at least two (2) canopy trees, four (4) under story trees and six (6) shrubs per one hundred (100) feet of frontage.

c) Canopy trees shall be deciduous or shade or evergreen trees planted at

3 to 3 1/2 inches in caliper with a mature height of at least 35 feet. Under story trees shall be deciduous shade, fruit or evergreen trees planted at 2 to 2 1/2 inches in caliper with a mature height of at last 12 feet.

d) Alternative buffers and screening - In lieu of compliance with the

above buffer yard and screening requirements, a developer may submit a detailed plan and specifications for landscaping and screening which will afford a degree of buffering and screening equivalent to or exceeding that provided by the above requirements.

e) Parking lot landscaping - At least ten percent (10%) of the interior

surface of any parking area containing twenty (20) or more parking spaces shall consist of landscaped islands which shall be composed of shrubs and trees and other landscaping materials. The interior surface of a parking area shall be derived by computing the area within the general perimeter of contiguous areas containing parking spaces, maneuvering areas behind the spaces and landscaping areas within such perimeter, except that required setback areas and required buffers shall not be included in the interior area computation.

f) Screening of refuse collection facilities - Uses within the development

shall provide secure, safe, and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of use being served. All refuse storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination of the above. Such screening shall be of sufficient height and design to effectively screen the facility from the view from adjacent residential uses and streets and from adjacent properties.

g) Maintenance of landscaping - All required landscaping and screening shall

be maintained or replanted as necessary so as to continue its effectiveness.

E. DENSITY BONUS PROVISIONS AND STANDARDS

A maximum density bonus of thirty percent (30%) for non-residential uses shall be granted by the Planning Board if the proposed density bonuses promote the purposes of said district. Density bonuses shall be applied to gross floor area and maximum impervious surface requirements.

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1) Parking - Placement of bilevel parking garages or ground-level lots behind structures effectively concealing these parking areas from the street shall qualify for a bonus of fifteen percent (15%) above the allowable base density.

2) Traditional architecture - Developing a site design which incorporates a traditional

village scale, massing and streetscape compatible with historic Gorham Village shall qualify for a bonus of ten percent (10%) above the allowable base density.

3) Dedicated open space/mini park facilities - Increasing the dedicated open space

area by a minimum of ten percent (10%) of the total gross acreage of the tract shall qualify for a bonus of five percent (5%) above the allowable base density.

4) Bike paths/greenway systems - Providing for convenient and safe pedestrian and

bicycle access to and within the development shall qualify for a bonus of five percent (5%) above the allowable base density.

5) Day care - Development of a public use day care facility for children of employees

shall qualify for a bonus of up to five percent (5%) above the allowable base density. The developer must enter into a binding agreement with the town to dedicate the facility for day care and to provide a viable management and operations structure.

6) Public transportation/public transit - Providing public transportation to town residents

shall qualify for a bonus of up to five percent (5%) above the allowable base density. 7) Public art - Use of art features such as sculptures, special landscaping, fountains,

and murals which lend identity and individuality to the development in a positive manner shall qualify for a bonus of up to five percent (5%) above the allowable base density on a per square-foot basis.

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SECTION XVII - BLACK BROOK AND BRACKETT ROAD SPECIAL PROTECTION DISTRICT A. PURPOSE

The purpose of this subsection is to further the maintenance of safe and healthful conditions; to prevent and control groundwater pollution and the migration of groundwater pollution; to ensure that new and existing development in this district has safe water for consumption and use; to prevent activities that might disrupt ground water remediation activities or water quality monitoring activities; to prevent the possibility of abandoned wells providing a means for contaminants to enter the ground water; and to anticipate the impact of further development within this district.

B. APPLICABILITY

The Black Brook and Brackett Roads Special Protection District applies to the area designated on the Zoning Map as the Black Brook and Brackett Roads Special Protection District, which includes the remedial Activities Area, the Water Resource Management Area and the Limited Water Resource Management Area

1. The restrictions of this district are in addition to any

restrictions found in other sections of this Code or other State and local laws or regulations. C. PROHIBITED ACTIVITIES

The following restrictions shall apply in the Remedial Activities Area and the Water Resource Management Area.

2

1. The drilling of any new residential, commercial, industrial or other water supply wells is

not allowed. 2. The removal of ground water by any new commercial, residential, or industrial

development is not allowed. 3. Blasting is not allowed

3, except by the Portland Water District contractors or anyone

authorized or approved by the Portland Water District to do such work, pursuant to conditions established by the Portland Water District, for the purpose of extending a water main.

4. Hydraulic fracturing, overpumping, blasting or pressure intensive methods to increase the

yield of existing wells are not allowed.

D. DEVELOPMENT TO EXTEND PUBLIC WATER

Any application for a subdivision, residential structure or development, except the development of accessory buildings, that occurs after March 14, 2000 within the Remedial Activities Area or Water Resource Management Area, or that occurs within the Limited Water Resource Management Area after March 14, 2000 and prior to March 1, 2004,

4 must provide public water,

at the developers expense, from a public water supply by extending a water main pursuant to the conditions established by the Portland Water District and within the restrictions established by this section, unless the developer of the lot can demonstrate to the Town that it will comply with the requirements set forth below.





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Where the developer of a lot within the district proposes to supply water from a private source located outside this Special Protection District, or from an existing private water supply located within the District, the following restrictions shall apply: 1. The developer shall not undertake any activity prohibited in Subsection C in developing

the required infrastructure to bring the water to the lot. 2. The developer shall also provide to the Town satisfactory evidence that the private water

supply complies with all applicable State and local requirements, and 3. that the Maine Department of Environmental Protection has reviewed the proposal and

has made written recommendations concerning any proposed shared use of an existing private water supply located within the District. In the event that the MDEP recommends that any conditions be placed upon a shared existing water supply, the CEO shall include such conditions on any building permits issued for structures that will share the water supply. Any work undertaken and any required studies shall be at the sole expense of the developer.

E. LIMITED WATER RESOURCE MANAGEMENT AREA Any developer of a subdivision, residential structure, or commercial or industrial development

which relies on or creates a private water supply well within the Limited Water Resource Management Area does so at the developer’s own risk, and with the knowledge that the potential for contamination exists in the neighborhood, and that if any new water supply wells located within the Limited Water Resource Management Area are found to be contaminated with chemicals attributable to the Wyman Auto Body site, such wells must be properly abandoned at the well owner’s expense, pursuant to the well abandonment procedures established in Section F. of this ordinance and in accordance with the applicable regulations established by the State of Maine.

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R. ABANDONMENT OF WELLS

1. Applicability: These provisions shall apply to all wells abandoned after the effective date of this ordinance.

2. Notification of Department of Environmental Protection: The Town and the Maine

Department of Environmental Protection shall be notified prior to abandoning any wells in the Special Protection District.

3. Sealing: Abandoned wells or boreholes shall be sealed in a manner appropriate to

prevent the entry of contaminants and from the mixing of waters from separate fractures. Well casings shall not be removed without the borehole in bedrock having been permanently sealed, using practices currently accepted by the water well industry.

4. Open borehole filling: Open boreholes shall be filled in a manner appropriate to prevent

the possibility of personal injury. G. ENFORCEMENT AND VIOLATIONS

The Code Enforcement Officer is authorized to enforce violations of this Section in accordance with the provisions set forth in Title 30-A, M.R.S.A., Section 4452.

H. CONFLICT WITH OTHER ORDINANCES


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Wherever the requirements of this Section are inconsistent with the requirements of any other ordinance or statute, the more restrictive requirement shall apply.

I. SEPARABILITY

In the event that any section, subsection or any portion of this Code shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or other portion of this Code. The provisions of this Code are hereby declared to be severable.

J. EXPIRATION

The provisions of this ordinance shall remain in force until amended or repealed by the Gorham Town Council upon recommendation of the Planning Board and the Maine Department of Environmental Protection

Effective Date: Notwithstanding any provisions of law to the contrary, this Ordinance upon passage, shall be retroactive to March 1, 2004. Notwithstanding the provisions of 1 M.R.S.A. Section 302 or any other provision of law, these amendments, up passage, shall be retroactive to March 1, 2004.

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SECTION XVIII – DEVELOPMENT TRANSFER OVERLAY DISTRICT1

A, PURPOSE

The purpose of the Development Transfer Overlay District is to create livable, walkable neighborhoods in areas of the community where public sewerage is available or planned while minimizing development in other areas of the community where intensive development is not desired. This will be accomplished by allowing well-planned, higher density residential development in designated areas with public sewerage in exchange for the payment of a development transfer fee. The development transfer fee will be used by the Town to purchase conservation land and/or easements and open space.

B. APPLICABILITY

The provisions of this overlay district are optional. A land owner within the overlay district may choose to develop in accordance with the provisions of this overlay district or the provisions of the underlying zoning district. If the owner chooses to develop in accordance with these provisions, all subsequent development on the parcel shall then be subject to these requirements. The provisions of this overlay district may only be utilized by new residential subdivisions or projects that are subject to site plan review and that meet all of the following provisions: 1) The development is located within the Development Transfer Overlay District as

shown on map of the Development Transfer Overlay District adopted by the Town Council as part of the Official Zoning Map;

2) The development will be served by public water and by the public sewerage

system of the Town of Gorham and all buildings with plumbing facilities within the development will be connected to the sewer system; and

3) The owner or developer will pay a development transfer fee in accordance with

the provisions of E.1. The provisions of this district supplement and modify the provisions of the underlying zoning district. Where the provisions of the overlay district differ from or conflict with the provisions of the underlying district, these provisions shall govern if the property owner has chosen to develop in accordance with the overlay district provisions. The plan of any development approved in accordance with the overlay district must include a plan note stating that the plan was approved in accordance with the Development Transfer Overlay District, that a development transfer fee will be required to be paid prior to the issuance of the building permit for each dwelling unit in the development, and that all future development of the original parcel or lots created as part of the approval must be done in accordance with the provisions of the overlay district. The provisions of the overlay district only apply to subdivisions and other developments approved in accordance with the overlay district and may not be applied to a lot(s) that is not located within a subdivision that was approved and developed in accordance with the provisions of the overlay district including the following: 1) lots within a subdivision that was approved prior to the effective date of this

section, 2) lots in a subdivision that was approved and developed in accordance with the

provisions of the underlying zoning district, or


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3) lots that are not part of a subdivision.

C. PERMITTED USES

Only uses allowed in the underlying zoning district shall be permitted in the overlay district. Uses that are permitted uses in the underlying zoning district remain permitted use and uses that are special exceptions in the underlying zoning district remain special exception uses.

D. SPACE STANDARDS

The following space standards apply to the subdivision or project and to the lots within the subdivision based upon the underlying zoning district.

Standard If the underlying zone is any district other

than Rural

If the underlying zone is Rural

Minimum net acreage per dwelling unit

6,000 sq. ft. 9,000 sq. ft.

Minimum lot size: - one-family dwelling - two-family dwelling - multi-family dwelling or apartment - non-residential use

8,500 sq. ft.

15,000 sq. ft. 20,000 sq. ft.

15,000 sq. ft.

12,750 sq. ft. 22,500 sq. ft. 30,000 sq. ft.

15,000 sq. ft.

Minimum street frontage: - one-family dwelling - two-family dwelling - multi-family dwelling or apartment - non-residential use

75 feet 100 feet 120 feet

100 feet

75 feet 125 feet 150 feet

100 feet

Minimum front yard for one and two-family dwellings: - access or sub-collector street or private way - collector street or service road - arterial street

15 feet

30 feet

70 feet

15 feet

30 feet

70 feet Maximum front yard for one and two-family dwellings: - access or sub-collector street or private way - collector street or service road - arterial street

25 feet*

none

none

25 feet*

none

none

Minimum front yard for multi-family dwellings, apartments and non-residential uses: - access or sub-collector street or private way - collector street or service road - arterial street

20 feet

30 feet

70 feet

20 feet

30 feet

70 feet Minimum side and rear yards: - one-family dwelling - two-family dwelling

10 feet 15 feet

10 feet 15 feet

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- multi-family dwelling, apartment, or non-residential use

30 feet or height of building whichever is

greater

30 feet or height of building whichever is

greater

Maximum building height None None

* Not more than ten percent (10%) of single and two-family dwellings within a subdivision may have a front yard or setback of more than twenty-five (25) feet provided that: 1) any lot with a front yard greater than twenty-five (25) feet may not abut another

lot with a front setback of more than twenty-five feet, and 2) any lot with a front yard greater than twenty-five feet must be identified on the

approved subdivision plan and the maximum front yard for the lot specified on the plan.


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In addition to the performance standards of Chapter II, all new subdivisions and developments that are approved in accordance with the provisions of the Development Transfer Overlay District must conform to the following performance standards. If these standards conflict with the performance standards of the underlying zone, these standards apply. 1. Development Transfer Fee and Calculations

a) Calculation of the Fee – The development transfer fee that must be paid by a subdivision or development shall be based upon the number of “bonus units” included in the approved subdivision or development plan. “Bonus units” are approved dwelling units in excess of the number of dwelling units that could be built on the site in accordance with the provisions of the underlying zone.

The number of “bonus units” shall be determined by the Planning Board as part of the approval of the subdivision or site plan. The number of bonus units shall be calculated by determining the maximum number of dwelling units that could be developed on the site based on the underlying zoning, site conditions, and allowable density bonuses and subtracting those units from the number of approved dwelling units. The maximum number of dwelling units allowed in the underlying zone shall be calculated as follows: 1) If the underlying zone has a maximum density provision based upon net

residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be calculated based upon this requirement and calculated by dividing the net acreage of the area proposed to be subdivided by the per unit factor, plus any


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additional units allowed in the underlying district for the use of public sewerage and/or public water.

2) If the underlying zone does not have a maximum density requirement

based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be determined by multiplying the gross acreage of the area proposed to be subdivided by sixty-five percent (65%) to allow for access and unusable land and then dividing the resulting net area by the minimum lot size for one family dwellings or the minimum lot area per dwelling unit for two-family dwellings or multifamily housing plus any additional units allowed in the underlying district for the use of public sewerage and/or public water.

The total development transfer fee for a subdivision or project shall be calculated by multiplying the number of “bonus units” determined by the Planning Board times the per unit Development Transfer Fee established by the Town Council. b) Payment of the Fee – The total development transfer fee for the

subdivision or project shall be divided by the total number of approved dwelling units in the subdivision or project to determine the development transfer fee for each dwelling unit. The per dwelling unit development transfer fee shall be paid to Town at the time of the issuance of the building permit for each dwelling unit in the project.

c) Use of the Fee – Development transfer fees collected by the Town shall

be deposited into a separate account and must be used only for acquiring the fee in or conservation easements on potentially developable land in areas where the Town desires to discourage growth in accordance with the priorities set forth below.

Any land acquired with development transfer fees must be permanently restricted from development and be used for conservation, passive and/or active recreation, and open space purposes. Development transfer fee revenue may be used in conjunction with other Town funds, impact fee revenue, or other private or government funding to acquire land or easements provided that the intent of this section is met. The Town Council shall be guided by the following priorities in acquiring land or development rights/conservation easements with the development transfer fees:

- land that is adjacent to Town-owned recreational facilities or open space that is consistent with that use

- land that is adjacent to the Presumpscot or Little Rivers - land that is currently in agricultural or silvicultural use and will remain in

agricultural or silvicultural use - land that is adjacent to land that is in agricultural or silvicultural use and that

is permanently protected from development - land with significant historical or archeological value - land that has significant natural resource value but that is developable - land within the viewshed from the top of Fort Hill toward Mount Washington

with a priority for those parcels closest to the top of the hill - land adjacent to or visible from arterial and rural collector roads in areas

that are zoned Rural or a future low-density equivalent - land that maintains the integrity of unfragmented habitat blocks

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- other land that is identified as open space or conservation land in the Town’s Comprehensive Plan including land adjacent to the principal approaches to Gorham

2. Design Standards

All subdivisions and other developments are subject to the provisions of A. 6) of Chapter II. Section IV – Residential and the plan shall show how these criteria will be addressed.

3. Additional Standard for One and Two-Family Lots If a subdivision approved in accordance with these overlay provisions contains

individual lots that will be developed with one or two-family dwellings, the layout of those lots should be deeper than they are wide to provide a suitable, private rear yard. At least eighty percent (80%) of lots within the subdivision that will contain single-family or two-family dwellings must have an average lot depth that is at least one hundred forty percent (140%) of the lot width as measured between the side lot lines of the lot at the rear of the required minimum front yard.

4. Access Limitations Access to subdivisions or developments shall be designed to minimize the

number of entrances onto arterial or collector roads. Direct vehicular access to individual lots or uses from existing roads classified as arterials, collectors or sub-collectors shall not be allowed unless the Planning Board finds that there is no reasonable alternative access.

5. Open Space

A portion of any new subdivision or project with more than ten lots or units must be set aside within the development and permanently protected as open space to serve the residents of the project. This requirement is in addition to any requirement for the payment of a recreational facilities or open space impact fee. The total combined area of the open space set aside within the subdivision shall be a minimum of ten percent (10%) of the gross area of the parcel. This open space must include an area of usable land as defined by the net acreage provision that is at least five percent (5%) of the total net acreage of the parcel (For example, if the net acreage of the parcel is twenty acres then at least 5% or one acre of the open space must be usable land). The required open space within the subdivision or project may be used for the following types of uses:

- formal open spaces such as greens, commons, and parks - passive recreation areas - natural resource or conservation areas

At least fifty percent (50%) of the required usable land within the open space shall be developed for formal spaces or recreation facilities. The Planning Board may waive or reduce this requirement if it finds that, due to the scale of the development, compliance with this requirement will not result in usable open space. The setting aside of less-than-lot-sized pieces of land for specific formal spaces or recreation facilities is only permitted in a Development Transfer Overlay

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District approved subdivision. These areas can be aggregated to meet the 50% of the required usable open space and shall be developed for formal recreation facilities use. Formal recreation facilities shall include, but not be limited to, school bus stops with waiting shelters and/or benches or structures of any type, public monuments, small parks or gardens with structures such as benches or fountains, playground sets, basketball courts, trail heads with amenities, picnic tables, etc., and may occupy less-than-lot sized areas within the development. Where appropriate the Planning Board may require buffering or screening from adjoining residential properties. No parcels less than required lot size may be set aside for any other open space requirements prescribed in the Development Transfer Overlay District standards such as passive recreation areas, or natural resource or conservation areas.

1

6. Parking Lot Locations

Parking lots for five or more vehicles to serve multi-family housing, apartments, and non-residential uses shall be located to the side or rear of the building where feasible. No parking lots for these uses shall be permitted in the required front yard area.


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Chapter II: GENERAL STANDARDS OF PERFORMANCE SECTION I - ENVIRONMENTAL

Soil Suitability Prevention of Erosion Mineral Exploration, Excavation and Gravel Pits Floodplain Management Shoreland Area Protection Waste water pollution Air pollution Noise abatement Buffer Areas

SECTION II - PARKING, LOADING AND TRAFFIC Off-Street Parking Standards Off-Street Loading Standards Access and Parking Layout Corner Clearances Future Roads SECTION III - SIGNS Residential Non-residential Industrial Park Identification Signs Portable Signs General

SECTION IV - RESIDENTIAL Clustered Residential Development Performance Standards for Multi-family Housing Accessory Apartments

SECTION V - MINIMUM STANDARDS FOR THE DESIGN AND CONSTRUCTION OF STREETS AND WAYS Purpose General Access to Adjoining Land Definitions Acceptance of Streets and Ways Street Design Standards - Public Ways Street Construction Standards and Specifications Standards for Private Ways Subdivision, Private Way and Site Construction Monitoring of Public Improvements

SECTION VI - SEASONAL AND RECREATIONAL Campgrounds and Trailer Parks

SECTION VII - INSTALLATION OF MANUFACTURED HOUSING UNITS

SECTION VIII – BED AND BREAKFAST FACILITIES (inclusive of Bed and Breakfast, Bed and Breakfast Establishments With and Without Public dining, and Inns)

1

SECTION IX - INDEPENDENT CONSULTING AND PEER REVIEW FEES

SECTION X - THE PROVISION OF PUBLIC WATER SUPPLY


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SECTION XI - FIRE PROTECTION WATER SUPPLY

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CHAPTER II GENERAL STANDARDS OF PERFORMANCE In case of doubt, the Code Enforcement Officer may employ such independent, recognized consultant necessary, after prior notification to and at the expense of the applicant, to assure compliance with all requirements of this Code related to the public health, safety and welfare and the abatement of nuisances. The estimated costs of such studies shall be deposited with the Town prior to their undertaking. To ensure compliance with all requirements of this Chapter, which are intended to protect the public health, safety, and welfare and promote the abatement of nuisances, the Town may, by ordinance, require an applicant for such municipal permits to deposit funds with the Town to cover costs associated with independent consulting or peer review, in accordance with Section IX of this Chapter. SECTION I - ENVIRONMENTAL

A. SOIL SUITABILITY

1) In all districts, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal, and where on-site septic disposal is proposed shall be subject to prior obtainment of a plumbing permit.

2) The soil shall be suitable for the intended uses. Soils as identified by the National

Cooperative Soil Survey Classification shall be considered suitable when rated "fair" and "good" for the specific uses proposed in the current Soil Suitability Guide for Land Use Planning in Maine, issued by the Soil Conservation Service of the U. S. Department of Agriculture, which document is embraced and made part of this Code. It is further understood that soil with "slight" or "moderate" limitations for septic sewage disposal shall be suitable as set forth in the Interim Soil Survey Report for Gorham Township, issued by the Cumberland County Soil and Water Conservation District, dated 1970, which document is also embraced and made part of this Code.

3) The requirements and standards of the State of Maine Department of Environmental

Protection shall be met. 4) Where site limitations are shown to be severe or very severe in accordance with the

aforementioned requirements, guidelines and standards, approval of the building permit application shall require remedial measures which in turn shall comply fully with all applicable codes for health, sanitation, plumbing, conservation, erosion control and pollution prevention and abatement. In no instance shall a septic disposal system be allowed in soil rated "poor" or "very poor for such purpose in the current Soil Suitability Guide, although it is recognized that in some cases modification of such soil may be possible to effect a change of soil characteristics adequate for the installation of a septic disposal system as may be permitted in accordance with other provisions of this Code

B. PREVENTION OF EROSION

1) No person shall perform any act or use of the land in a manner which would cause

substantial or avoidable erosion, create a nuisance, or alter existing patterns of natural water flow in the Town. This shall not affect any extractive operations complying with the standards of performance specified elsewhere in this Code.

2) All development shall generally comply with the following guidelines for prevention of

erosion:

a) Select a site with the right soil properties, including natural drainage and topography, for the intended use.

99 11/2004

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b) Utilize for open space uses those areas with soil unsuitable for construction.

c) Preserve trees and other vegetation wherever possible.

d) Hold lot grading to a minimum by fitting the development to the natural contour of the land; avoid substantial areas of excessive grade.

e) Spread jute matting or straw during construction in critical areas subject to

erosion.

f) Construct sediment basins to trap sediment from run-off waters during development. Expose as small an area of subsoil as possible at any one time during development and for as short a period as possible.

g) Provide for disposing of increased run-off caused by changed land

formation, paving and construction, and for avoiding sedimentation of run-off channels, on or off the site.

h) Plant permanent vegetation and install structures as soon as possible for the

purpose of soil stabilization and re-vegetation adequate to meet the minimum standards of the Cumberland County Soil and Water Conservation District Technical Guide, Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, and subsequent amendments thereto.

C. MINERAL EXPLORATION, EXCAVATION AND GRAVEL PITS

1) Purpose - The purpose of this ordinance is to regulate both new and existing sand

and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials hereinafter "gravel pit"). These regulations are intended to protect the quality and quantity of ground and surface waters, control erosion, provide for the reclamation and rehabilitation of new and existing pits for future uses compatible with the surrounding neighborhood, and to minimize any adverse impact of such pit operations on adjacent and nearby properties.

2) Application - This ordinance, including the operational requirements of Section 5 and

the reclamation requirement of Section 6 as provided therein, shall apply to all gravel pit operations in existence on the effective date of this ordinance as well as new operations. To qualify as an existing pit operation, the pit must be a lawful use under the Zoning Ordinance at August 5, 1989, must have been in operation at some time over the five (5) years immediately preceding August 5, 1989, must have been in full compliance with all Town ordinances during all such times of operation, and had at least one thousand (1,000) cubic yards of earth materials lawfully removed from the site during that time. This ordinance shall not, however, apply to the following activities:

a) Excavation, the sole purpose of which is to determine the nature or extent of

mineral resources, which is accomplished by hand-sampling, test boring or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.

b) Excavation necessarily incident to construction, alteration, or grading for

which a building permit has been issued.

c) The excavation of earth materials from one portion of a lot for use on

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another portion of the same lot, for use on a contiguous lot of the same owner, or for agricultural use on another lot of the same owner.

d) The removal of less than two hundred cubic yards of material (except

topsoil) in any one year from any single tract of land, provided such removal does not disturb more than one (1) acre of land.

The removal of any amount of topsoil or loam from a site is not an exempt

activity unless it is undertaken as part of an approved construction project, is part of normal farm operations or the topsoil or loam is being moved to a contiguous site having the same ownership.

No site plan review shall be required for any earth material

extraction/processing project reviewed under this Ordinance. In the case of multiple successive pits on the same property, all such pits

shall be deemed part of a single pit operation for all purposes under this ordinance except for such pits as have been fully reclaimed pursuant to Section 6 for at least five (5) years.

3) Existing Pit Registration: Application for Expansion of Existing Pit Operations a) Registration Requirements

(1) Within one hundred eighty (180) days of August 1, 1989 all gravel pit operations existing as of that date shall be registered with the Planning Board and submit the following:

(a) initial registration fee of $200.00;

(b) names and addresses of the current owner of the property and the pit operator, and a copy of the deed or lease if the operator is not the property owner;

(c) evidence that the pit qualifies as an existing operation as

defined above, surface area, depth and slope ratios of the operation as of August 5, 1989. The registrant shall also provide evidence of the amount of earth materials annually excavated, whether processing of materials is done on the site and the nature and amount of that processing, the average daily number of trucks taking materials out or bringing materials to the site (each listed separately and based on regular calendar quarters, and the number of employees working the pit. The registrant shall submit such evidence as will satisfy the requirements of this section including the most recent aerial photographs of the Town unless the registrant can otherwise demonstrate to the satisfaction of the Planning Board full documentation of all the required data.

(d) for existing pits larger than five (5) acres or more surface

area of August 5, 1989, a reclamation program must be submitted and approved by the Town Engineer based on his determination that the proposed program will adequately provide for slope stability, soil erosion and

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sedimentation control.

(2) Any operation not registered, or which fails to qualify to be registered, pursuant to this section shall be deemed closed and may not after such 180 day period continue or resume operation except as provided in Section 4 below. Upon written application to the Planning Board and for good cause shown, demonstrating an inability to meet the initial registration deadline, the Planning Board may extend the period of registration to one year from the effective date of this ordinance. The additional fee for such late registration shall be $100.00.

(3) The Planning Board shall review all such registration applications

and, if the registrant has demonstrated compliance with all applicable submission requirements, issue a certificate of registration to the applicant. Thereafter the pit may continue to operate subject only to the renewal provisions and, as applicable, the expansion and reclamation requirements otherwise provided in the ordinance.

(4) The Planning Board shall maintain a permanent record of all such

submissions and registrations, and no gravel pit may operate, after such 180 day period unless listed thereon or approved under Section 4. Further, all such registration must be renewed annually on the anniversary of the original registration date by the Town Engineer and the CEO or his designate pursuant to such forms as the Planning Board shall provide or the pit shall be deemed closed in which case the provisions of Subsection (a)(2) above shall control. The renewal fee shall be in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order.

1

b) Expansion of Existing Operations

(1) Permit Application Requirements. No gravel pit operation existing

as of August 5, 1989 may expand without first obtaining an Expansion of Existing Pit permit from the Planning Board. For pits less than five (5) acres in surface area as of (effective date), expansion is defined as an increase to five (5) acres, then an additional fifty percent (50%) in surface area: for pits larger than five (5) acres, expansion is defined as an increase of fifty percent (50%) surface area or four additional acres, whichever comes first. The applicant shall submit the following to the Planning Board:

(a) application fee in such amount(s) and for such purpose(s)

as the Town Council may from time to time establish by Council order;

2

(b) names and addresses of the current owner of the property

and of the current operator, and copy of the deed or lease agreement if the operator is not the owner;

(c) a site plan, drawn to scale, showing the location and

boundaries of the property, the existing excavated area, all



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areas intended for expansion of excavation (with surface area measurement) and, where the expansion area itself is to exceed five (5) acres, a boundary survey of the area proposed for expansion; an estimated time schedule for future excavation, reclamation and closure; parking areas and road access to the excavation site, exposed ground water, all temporary and permanent structures located on the property, and any accessory activities related to the operation, including the processing of materials brought to the site from another location; and other applicable site plan review requirements of Chapter IV, Section VI;

(d) a plan showing how access to the site will be controlled;

(e) a plan showing the location of hazardous materials and

provisions for safe storage; no hazardous materials shall be located or stored such that they will enter the ground water table;

(f) an erosion and sedimentation control plan designed to the

standards of the Cumberland County Soil and Water Conservation District;

(g) a reclamation plan pursuant to Section 6 of this section:

(h) identification of all required state and/or federal permits,

including, if applicable, a Department of Environmental Protection permit;

(i) a performance guarantee in the form of a bond, letter of

credit, or such other financial instrument as deemed satisfactory by the Town Manager covering the cost of the reclamation plan;

(j) a list of all abutting property owners;

(k) for expansion of five (5) acres or more, the applicant shall

also comply with the submission requirements of Section 4(a)(l0).

(2) Plan Review

(a) The Planning Board shall review each application for a

permit for Expansion of Existing Pit according to the special exception approval standards of Section IV (E) of Chapter I, site plan approval standards of Section IX (B, C, D, F, J. M, P

1 and T)

2 of Chapter IV, and the other applicable

requirements of this Ordinance. The Planning Board shall hold a public hearing on the same. Notice shall be sent to all abutting property owners and all owners of property within 500 feet no less than fourteen (14) days in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. It shall be the



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applicant's burden to prove compliance with each of these approval standards.

(b) To help recover costs incurred by the Town in the review,

administration, site inspection, and public notice associated with the Expansion of an Existing Pit application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the Expansion of an Existing Pit application:

1. Publishing and public notice fee; 2. Application

1 fee; and

3. Independent consulting and peer review escrow

account to be established with the Town in accordance with Chapter II, Section IX of this Code.

All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If an Expansion of an Existing Pit application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount exclusive of escrow deposit.

2

(c) The Planning Board shall approve, deny or approve with

conditions any such application within ninety (90) days of its public hearing provided any such conditions of approval directly relate to the specific approval standards contained in this ordinance. Where considered necessary by the Planning Board to determine compliance with the approval standards, the Board may require additional information be provided by the applicant.

c) Registration/Expansion Exemption

Notwithstanding other requirements of Section 3 to the contrary, no gravel

pit which has actually obtained D.E.P. site location approval within the two (2) years immediately preceding August 5, 1989 need obtain any registration or expansion permits under this Section, provided the D.E.P. permit and application plans as approved are filed with the C.E.O. Such plans shall be deemed registered and approved by the Town provided any changes shall thereafter require Town approval.

4) Application for New Pit Operations

a) Permit Application Requirements. No new gravel pit or pre-existing pit which failed to meet registration requirements of Section 3 may commence operations without first applying to the Planning Board for a new pit



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operations permit. The following shall be submitted with the permit application:

(1) initial application fee in such amount(s) and for such purpose(s) as

the Town Council may from time to time establish by Council order;1

(2) names and addresses of current owner of the property and the

current operator of the operation, and a copy of the deed or lease agreement if the operator is not the owner:

(3) a site plan, drawn to a scale of one inch to one hundred feet,

showing the location and boundaries of the property; the boundaries of proposed excavation areas (a boundary survey shall be required for any proposed pit in excess of five (5) acres); the present use of the entire property including any existing excavated areas; present uses of adjacent property; the location of all proposed access roads, parking areas and temporary and permanent structures; the type and location of all existing surface and ground water, including location of existing wells and streams, drainage ways, and depth to ground water at the site of the proposed excavation as determined by test borings and other geotechnical methods; the contours of the land within and extending beyond the boundaries of the parcel for two hundred (200) feet at five (5) foot contour intervals, or at intervals acceptable for a Department of Environmental Protection permit application; and the location of all proposed hazardous material storage areas; and other applicable site plan review requirements of Chapter IV, Section VI.

(4) A plan for controlling access to the site. The Planning Board may

impose such additional access limitations as the particular circumstances of the proposed operation require to meet approval standards of Section 4.b. At a minimum, a solid gate with a lock shall be located at all entrances;

(5) An operations statement, which shall include the approximate date

of commencement of excavation and the duration of the operation, proposed phasing of the operation, proposed hours and days of operation, the estimated volume of the excavation, the method of extracting and processing, including the disposition of topsoil or loam, the equipment proposed to be used in the operations, and the operating practices proposed to be used to prevent surface or groundwater pollution, and minimize noise, dust, air contaminates and vibration;

(6) an erosion and sedimentation control plan designed to standards of

the Cumberland County Soil and Water Conservation District; (7) a final reclamation plan pursuant to Section 6 or this section: (8) identification of all required State and/or Federal permits, including,

if applicable, a Department of Environmental Protection permit; (9) a performance guarantee in the form of a bond, letter of credit, or

such other financial instrument as deemed satisfactory by the Town Manager covering the cost of the reclamation plan;


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(10) for new pits of five (5) acres or more, the following additional submissions are required:

(a) A hydro geological study which shows the depth of ground water

throughout the site and establishes that the gravel pit operation will not cause any pollution to ground water and/or surface water.

(b) A traffic study which sets forth what the maximum estimated

volume of traffic into and out of the pit will be, which describes the kinds of trucks and equipment which will be going into and out of the pit, which describes any existing or potential traffic hazards on roads servicing the site and applicant's plans to address them, and which describes the ability of such roads physically to withstand the additional traffic generated by the site. The study shall consider the actual existing traffic condition in the vicinity of the pit.

b) Plan Review

(1) The Planning Board shall review each application for a new Pit Operations

permit according to the special exception approval standards of Section IV(E) of Chapter I, site plan approval standards of Section IX(B, C, D, F, J, M, P

1 and T)

2 of Chapter IV and the other applicable requirements of this

ordinance. The Planning Board shall hold a public hearing on the same. Notice of the hearing shall be sent to all abutting property owners and all owners of property within 500 feet no less than fourteen (14) days in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. It shall be the applicant's burden to prove compliance with each of these approval standards.

(2) To help recover costs incurred by the Town in the review, administration, site

inspection, and public notice associated with the New Pit Operations application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the New Pit Operations application:

1. Publishing and public notice fee;

2. Application

3 fee; and

3. Independent consulting and peer review escrow account to be


All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If a New Pit Operations application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount exclusive of escrow deposit.

4





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(3) The Planning Board shall approve, deny or approve with conditions any sch application within ninety (90) days of its public hearing provided any such conditions of approval directly relate to the specific approval standards contained in this ordinance. The Planning Board may also include conditions of approval that relate to the safety and protection of persons who might access the site, including but not limited to site or operations area fencing and signage.

1 Where considered necessary by the Planning Board

to determine compliance with the approval standards, the Board may require additional information be provided by the applicant.

5) Operational Requirements for New and Existing Pits Unless otherwise expressly provided, the following requirements apply to all gravel

pits; provided, however, any existing gravel pit lawfully in operation at the effective date of this ordinance which does not comply with these operational requirements shall be grandfathered with regard to such deficiencies except that there shall be no grand fathered rights as to hours of operation in paragraph d, duty to minimize dust in paragraph (e), and erosion and sedimentation control as provided in paragraph (g); provided, further, any such grandfathering shall not apply to any area for which an expansion permit is required.

2

a) A buffer strip of 100 feet from all public rights of way and two hundred

(200) feet from all other boundaries of the property is required except in the instance of a waiver as provided in this section. The slopes of the side of the pit shall be no more than 3:1. This slope requirement shall not apply to a quarry that is operating under a Notice of Intent to Comply filed with the Maine Department of Environmental Protection under the provisions of 38 M.R.S.A., section 490-Y or under any other quarry permit, license or approval issued by the Maine Department of Environmental Protection.

3 No excavation is permitted within the buffer

strip of any pit, including a quarry, except where provided for within.4

Natural vegetation shall be retained within the buffer area, except as recommended by a professional forester pursuant to Best Forest Management Practices and approved by the Planning Board. To the extent necessary to protect neighboring uses from dust, noise and unsightly appearance, the Planning Board may require the applicant to provide screening, berm or a combination where there is an inadequate natural buffer. No excavation, including such operations existing at the time of adoption of this ordinance shall encroach into these buffer strips and no existing operation lawfully located within such buffer areas shall be permitted to expand closer to such line or lines. Except that applicants with new and existing excavations may apply for a waiver of the 200 foot buffer strip in any of the instances described below, and the Board shall grant such waiver in the case of

(1) two abutting working gravel pits where the Planning Board may

waive the requirement for any buffer,

(2) where the pit abuts unbuildable land of a public utility provided the excavation remains at least one hundred (100) feet from the far side of the public utility's property line, and in no case shall it





107 11/2004

be any closer than ten (10) feet from the public utility’s property line.

(3) where all adjacent property owners within the area of reduced

buffer agree to a lesser distance. Any such agreed upon reduction (to not less than a 10 foot buffer) will be consistent with the purposes of this ordinance in Section 1, The buffer strip may be reduced upon recording by all abutting property owners within the area of reduced buffer of reciprocal deeds stating that each agrees to the waiver. In the event of a reduced buffer under this subsection, the pit shall not be subject to the noise limits established by subsection 4 of this section of Chapter II, Section H of this Code in the area of the boundary reduced under the terms of this subsection if the abutting property owner agrees that the noise limits will not apply to the shared property line or that the noise limits may exceed an amount established in writing. Any agreement concerning the noise levels shall be included in the reciprocal deeds.

1

(4) the applicant may apply to reduce the buffer from two hundred

(200) feet to not less than one hundred (100) feet, which reduction the Planning Board shall grant, provided that the applicant demonstrates:

(a) Noise generated at the excavation site, including noise

generated within the reduced setback area, may not exceed the noise requirements set forth in Chapter IV, Section IX, T of this Code.

2

(b) the applicant provides a satisfactory plan to control the

migration of dust that results from the mining operation which may include sweeping, paving, watering or other best management practices, and

(c) the applicant has provided a satisfactory plan to visually

screen the mining operation from properties adjacent to the area proposed for a reduced buffer. Screening may include maintenance of existing vegetation, growth, or in-fill planting to increase density of vegetation, the placement of earth berm or other best management practices.

3

b) Excavation shall not extend below an elevation of five (5) feet from the

seasonal high water table as established by competent, technical data. A variance from this requirement shall be allowed pursuant to paragraph 490-E, Variance, Performance Standards for Excavation for Borrow, Clay, Topsoil or Silt, 38 M.R.S.A. Sec 490-A-490-M and Article 8, Performance Standards for Quarries, 38 M.R.S.A. Sec. 490-W to 490-EE.

4 The request for variance shall consist of a hydro geologic study

and supporting documentation required by the Department of Environmental Protection. The variance shall be reviewed and approved by the Department of Environmental Protection. Planning





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Board approval shall be conditioned on Department of Environmental Protection approval. No standing water shall be allowed to remain longer than two consecutive calendar weeks unless specifically provided for by the Planning Board.

1

c) The average slope of any cut bank measured from the top of the slope to the

toe of the slope shall not exceed a horizontal to vertical ratio of 2:1; provided, that any gravel pit in lawful operation at the effective date of this ordinance whose slopes exceed this requirement may maintain, but not increase, such nonconforming slopes; provided, further, that for an expanded pit area or new pit area which exceed five (5) acres in size, the slope for such areas may not exceed 3:1. These slope requirements will not apply to a quarry that is operating under a Notice of Intent to Comply filed with the Maine Department of Environmental Protection under the provisions of 38 M.R.S.A. Sec. 490-Y or under any other quarry permit, license or approval issued by the Maine Department of Environmental Protection, except for those extraction operations that occur in any area where a buffer has been reduced under the provisions of Section I, subsection C(5)(a) of this Chapter.

2

d) Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m., Monday

through Friday and 8:00 a.m. to 2:00 p.m. Saturday; provided, however, the Planning Board may extend Saturday hours of operation to 5:00 p.m. if it determines that such extended hours will not unreasonably interfere with neighboring residential uses existing at the time of the request. Where a mineral extraction operation abuts a lot with an industrial operation that uses produce from the mineral extraction operation as part of its manufacturing use, the Planning Board may approve additional hours of operation for the mineral extraction operation so that the hours a re consistent with the hours of operation of the abutting industrial use. The extended hours of operation shall be limited to the area of the mineral extraction operation located within one hundred (100) feet of the boundary line of the abutting industrial use lot. This area of the mineral extraction operation shall be included in any site plan or other review for the industrial operation. In no event shall any crushing or screening of materials or mining occur during any extended hours of operation.

3

e) All access roads outside the pit within the buffer area prescribed in

subsection (a) above of public roads or adjoining property shall be paved and otherwise regularly treated with water or calcium chloride spray to minimize dust conditions.

f) Rock and stone crushing shall be permitted as an accessory use to sand and

gravel excavation operations, shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday, and may be prohibited or further restricted by the Planning Board if it will unreasonably interfere with residential uses existing at the time of application. The Planning Board may require water bars on crushing equipment if necessary to control dust. On an annual basis no more than thirty-three percent (33%) of all materials crushed or otherwise processed on the property of such excavation operation may be brought in from a location outside the property.




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g) Erosion and sedimentation on site shall be adequately controlled, based on guidelines of the Cumberland County Soil and Water Conservation District.

h) Sufficient topsoil shall be retained to comply with the approved reclamation

plan. 6) Reclamation The following provisions apply with respect to any existing pit in excess of five (5)

acres, any gravel pit for which approval has been obtained for expansion under Section 3, or a new pit under Section 4. A reclamation plan must be submitted to the Planning Board, and the site shall be reclaimed in accordance with the requirements of this Section. The reclamation work shall be completed within nine months of the closing of a site (or a portion of a site with regard to phased reclamation plans) or approval of the reclamation plan, whichever occurs later. Reclamation of continuing operations shall be conducted in phases, if necessary, so that there is never open more than fifteen (15) acres of pit area or fifty percent (50%) of the pit area for pits less than fifteen (15) acres in size.

1 Failure to remove more than four hundred (400)

cubic yards of material from a pit within any 24 month period shall trigger the obligation of the pit operator to commence reclamation. The following requirements shall be met:

a) Specific plans shall be established to avoid hazards from excessive slopes.

Where an embankment remains after the completion of operations, it shall be at a slope no steeper than one (1) foot vertical to two (2) feet horizontal; provided, further that for an expanded pit area or new pit area which exceeds five (5) acres in size, the slope for such areas may not exceed 3:1. These slope requirements shall not apply to quarries that have been operated under a Notice of Intent pursuant to 39 M.R.S.A. Sec. 490-Y or under any other quarry permit, license or approval issued by the Maine Department of Environmental Protection, except for those portions of a quarry where extraction operations have occurred in any area where a buffer has been reduced under the provisions of Section I, subsection C(5)(a) of this Chapter.

2

b) Exposed slopes shall be stabilized so that no significant erosion will occur.

Loaming, seeding and planting, if required, shall be based on guidelines of the Cumberland County Soil and Water Conservation District. Sufficient top soil shall be retained on site to complete the site reclamation. The reclamation plan for any quarry shall include specific provisions to ensure the stability of any exposed rock faces.

3

c) Overburdened soil shall be redistributed over the pit area or removed from

the parcel. The areas of the pit with solid or broken ledge rock shall be trimmed of loose rock, and the bottom of the pit graded to be compatible with the surroundings.

d) Grading and restoration shall be completed in such a manner that it will

ensure natural drainage, prevent standing water and minimize erosion and sedimentation and be compatible with the planned end use of the reclaimed site. The pit shall be contoured so that sediment is not directed into streams or drainage ways.




110 11/2004

e) Upon default of any obligations to reclaim a pit under this Section, the Town may, after written notice and an opportunity to be heard by the Board of Appeals, cause the pit operator's reclamation plan to be implemented pursuant to the performance guarantee.

f) Reclaimed areas shall be guaranteed for a period of eighteen (18) months

following the substantial completion of reclamation, during which time the performance guarantee shall remain in full force and effect. A reclamation plans shall state specific time requirements for commencement and substantial completion, which times may be staggered for phased extraction work.

7) Blasting No blasting shall be done in any gravel pit except in accordance with the following: a) If an operator of a gravel pit intends to do blasting, the operator shall apply to

the Planning Board to obtain a license to blast. Such an application may be filed either separately or concurrently with any other application under this mineral extraction ordinance.

1

b) In the application, the operator shall set forth in specific detail the reasons

why such blasting is essential to economic viability of the operation. c) In addition, the application shall include a site plan showing the limits where

the blasting will take place; a statement on the number of times that blasting will occur on an annual basis; identification by name, address and telephone number of the entity that will actually do the blasting; a detailed description of the patterns and timing of each blast; a detailed description of all precautions which will be taken to insure that no damage will be done to surrounding properties; a detailed description of the devices and methods which will be used to monitor the effects of the blast (which shall include but not be limited to monitoring the seismic effect of the blast and performing both pre- and post-blasting inspections with photographs of all abutting properties); certificates of liability policies covering the blasting activity in an amount approved in advance by the Town Manager as sufficient to cover any damage reasonably likely to occur; a list of the names and addresses of all abutting property owners; and such other material as the Planning Board may require in order to review the license application.

2

d) After the application is complete, the Planning Board shall schedule a public

hearing to consider the application and each abutting property owner and owners of property within five hundred (500) feet shall be given notice no less than fourteen (14) days notice in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. Blasting applications shall be submitted and heard simultaneously with any other permits required under this ordinance.

3

e) In order for the Planning Board to grant a license to blast, it must make

specific findings that the operator has met its burden and established the following:

(1) That blasting is essential to the economic viability of the operation.

1 Amended June 1, 2004 2 Amended June 1, 2004 3 Amended June 1, 2004

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(2) That the blasting will be conducted in a manner which will cause no

damage nor unreasonable disturbance to surrounding properties. (3) That all blasts will be comprehensively monitored.

(4) That there is adequate insurance to protect against any damage which may result from the blasting activity.

f) If the Board makes the above findings, then it shall issue a blasting license

which will authorize the operator to conduct the blasts on the dates and in precise manner set forth in the operator's application.

1

g) Under no circumstances shall the Board permit any blasting within one

hundred fifty (150) feet of an adjoining property line.

h) The records for each blast, including all monitoring records, shall be filed with the Town no more than ten (l0) days after each blast, and all such records shall be available for public inspection and copying.

8) Violations: Enforcement

2

This ordinance shall be enforced by the C.E.O. and violations prosecuted in accordance with

30-A M.R.S.A. Sec. 4452, as amended. 9) Variances Variances from the requirements of this Mineral Extraction Ordinance may only be granted by

the Board of Appeals upon the applicant's showing of an undue hardship as defined in (and subject to the procedural requirements of) Section IV of Chapter I.

10) Appeals

Any person aggrieved by a decision of the Planning Board under this Ordinance may appeal

the decision within thirty (30) days to Superior Court.

11) Separability If any provision of this Mineral Extraction Ordinance is declared invalid by a court of

competent jurisdiction, such decision shall not invalidate any other section or provision of this Ordinance.

D. FLOODPLAIN MANAGEMENT

The following conditions, standards or limitations shall apply to any development located within any area of special flood hazard (zones A and A1 through A30) identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Town of Gorham, Maine, Cumberland County" dated October 15, 1981 with the accompanying "Flood Insurance Rate Map" and "Flood Boundary Floodway Map".

1) No new building, structure, mobile home or septic system shall be constructed or located in

an area of special flood hazard.



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2) The substantial improvement of any residential or non-residential structure shall have the first floor elevated to or above the base flood elevation.

3) Prior to placing fill in an area of special flood hazard, a permit shall be obtained from the

Code Enforcement Officer. No encroachments, including fill, construction, substantial improvements, or other development shall be permitted within the floodway portion of the floodplain unless a registered professional engineer certifies that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

4) The Code Enforcement Officer shall interpret the locations of the boundaries of special flood

hazard areas based on the Flood Insurance Study and the Flood Insurance Rate Map. In areas of special flood hazard where base flood elevation data is not provided in the above cited study and maps, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation data available from Federal, State and other sources in order to determine the boundaries.

E. SHORELAND AREA PROTECTION

1

1) Purposes - The purpose of this subsection, by proper land use management practices, is

to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion and sedimentation; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of buildings, structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas in accordance with the provisions of Title 38 Section 435-449 of the Maine Revised Statutes Annotated (M.R.S.A.) as amended from time to time.

2) Applicability - This subsection applies to the "Shoreland area", which term is defined as

all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This subsection also applies to any building or structure built on, over or abutting a dock, wharf or pier, or other building extending beyond the normal high-water line of a water body or within a wetland.

3) Districts and Zoning Map

a) Official Shoreland Zoning Map - The areas to which this subsection is applicable are hereby divided into the following overlay district and sub districts, which, district and sub districts collectively are referred to herein as the Shoreland Overlay District, as shown on the Official Shoreland Zoning Map which is made a part of this Ordinance:

A. Shoreland Overlay District B. Resource Protection Sub district C. Stream Protection Sub district

4) Interpretation of District Boundaries - The boundaries of the Shoreland Overlay District

exist as set forth in Section 3) of this subsection. The depiction of the Shoreland Overlay District and associated sub districts delineated on the Official Shoreland Zoning Map, is illustrative of the general location of the District and sub district. The Boundaries of these District and sub districts shall be determined by measurement of the distance indicated


113 11/2004

on the maps from the normal high-water line of the water body or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map.

Where uncertainty exists as to the exact location of the District or sub district boundaries, the Code Enforcement Officer shall be the final authority.

5) Land Use Requirements - Except as hereinafter specified, no building/structure or land located within the Shoreland Overlay District shall hereafter be used or occupied, and no building/structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified and the regulations of the Land Use and Development Code, unless a variance is granted.

6) Non-conformance Within the Shoreland Overlay District

a) Purpose - It is the purpose of this subsection to encourage land use conformities,

except that non-conforming conditions that existed before the effective date of this subsection or amendments thereto shall be allowed to continue, subject to the requirements set forth in this subsection and in Chapter I, Section II of the Gorham Land Use and Development Code. Except as otherwise provided in this subsection, a non-conforming condition shall not be permitted to become more non-conforming.

b) Non-conforming Buildings and Uses:

(1) Enlargement: A non-conforming building may be enlarged after obtaining a permit from the Board of Appeals, if such enlargement does not increase the non-conformity of the building/structure.

(a) If any portion of a building is less than the required setback from

the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the building shall not be expanded in floor area or volume after January 1, 1989, by thirty percent (30%) or more, during the lifetime of the building. An expansion which increases either the volume or floor area of the building or any portion thereof that is less than the said required water setback by thirty percent (30%) or more is a substantial expansion which is prohibited unless a variance is obtained. If a replacement structure complies with the requirements of subsection 6)c)(3) of this Section and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area or volume since that date.

(b) Whenever a new, enlarged, or replacement foundation is

constructed under a nonconforming structure, the building and new foundation are must be placed such that the setback requirement is met to the greatest practical extent as determined by the Board of Appeals, basing its decision on the criteria

specified in subparagraph 6) b) (2), Relocation, below;. The construction, enlargement or replacement of a foundation shall not be considered to be an expansion of the structure if the completed foundation does not extend beyond the exterior dimensions of the building, except for an expansion in compliance with subsection 6)b)(1)(a); and that the foundation

114 11/2004

does not cause the building to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure from original ground level to the bottom of the first floor sill.

(c) No building which is less than the required setback from the

normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.

(2) Relocation: A non-conforming building may be relocated within the

boundaries of the parcel on which the building is located provided that the site of relocation conforms to the water setback requirements to the greatest practical extent as determined by the Board of Appeals, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules, (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a building be relocated in a manner that causes the building to be more non-conforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Board of Appeals shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other buildings on the property and on adjacent properties and the type and amount of vegetation to be removed to accomplish the relocation, the location of the septic system and other on-site soils suitable for septic system and other on-site soils suitable for septic systems. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Board of Appeals shall require replanting of native vegetation to compensate for the destroyed vegetation. Replanting shall be required as follows:

(a) Trees removed in order to relocate a structure must be

replanted with at least one native tree, three (3) feet in height, for every tree removed. If more than five (5) trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Other woody and herbaceous vegetation and ground cover that are removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

(b) Where feasible, when a structure is relocated on a parcel the

original location of the structure shall be replanted with vegetation that may consist of grasses, shrubs, trees or a combination thereof.

3) Reconstruction or Replacement: Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland may be reconstructed or replaced provided that a permit is obtained within one year of the date of damage, destruction, or removal, and provided that such reconstruction or replacement is in

115 11/2004

compliance with the water setback requirement to the greatest practical extent as determined by the Board of Appeals in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is located in less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to subsection 6)b)(1)(a), as determined by the non-conforming floor area and volume of the reconstructed ore replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with subsection 6)c)(2). In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Board of Appeals shall consider in addition to the criteria in subparagraph 6) b) (2) above, the physical condition and type of foundation present, if any.

(4) Expansions: Expansions of non-conforming uses are prohibited except

that non-conforming residential uses may, after obtaining a permit form the Board of Appeals, be expanded within existing residential structures or within expansions of such structures as permitted in subparagraph 6) b) (1) above.

7) Establishment of District and Sub districts

a) Shoreland Overlay District - This District consists of the shore land area and any

and all buildings and structures built on, over or abutting a pier, dock, wharf and any and all buildings and structures extending beyond the normal high-water line of a water body or within a wetland. The Shoreland Overlay District includes the Resource Protection Sub district and the Stream Protection Sub district.

b) Resource Protection Sub District - This sub district shall include the following

areas when they occur within the limits of the Shoreland Overlay District, exclusive of the Stream Protection Sub district, except that areas which are currently developed need not be included within the Resource Protection Sub district. (1) Areas within 250 feet, horizontal distance, of the upland edge of

freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by

either MDIF&W or the Department of Environmental Protection as of May

1, 2006. For the purposes of this paragraph, “wetlands associated with great ponds and rivers” shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

(2) Flood plains along rivers and flood plains along artificially formed great

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ponds along rivers, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain soils.

(3) Areas of two or more contiguous acres with sustained slopes of 20% or

greater. (4) Areas of two (2) or more contiguous acres supporting wetland vegetation

and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surfically connected to a water body during the period of normal high water.

(5) Land areas along rivers subject to severe bank erosion, undercutting, or

river bed movement.

c) Stream Protection Sub District - This sub district includes all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond or river and within two-hundred fifty (250) feet, horizontal distance, of the upland edge of a freshwater wetland. Where a stream and its associated shoreland area is located within two-hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area should be regulated under the terms of the shoreland sub district associated with that water body or wetland.

8) Land Uses in the Shoreland Overlay District - All permitted uses and special exception

uses within the zoning district underlying the Shoreland Overlay District may be commenced, maintained, enlarged or expanded as provided in the Land Use and Development Code subject to the provisions of this Subsection, except that within the Resource Protection and Stream Protection Sub districts only those uses listed in subparagraphs 8 a) and 8 b) below are permitted.

a) Only the following uses are permitted in the Resource Protection Sub district,

subject to all applicable performance standards, and all other uses allowed in the underlying district(s) as permitted uses and special exception uses are prohibited:

(1) Non-intensive recreational uses not requiring structures such as hunting,

fishing and hiking; (2) Motorized and non-motorized vehicular traffic on existing roads, trails

and rails: (3) Hiking trails, inactive trails, bridle paths, pedestrian trails and walkways; (4) Forest management activities, except for timber harvesting and land

management roads; (5) Timber harvesting; (6) Fire prevention activities; (7) Wildlife management activities; (8) Soil and water conservation activities; (9) Surveying and resource analysis;

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(10) Emergency operations; (11) Agriculture; (12) Gravel pits; (13) Non-residential facilities for educational, scientific or nature

interpretation purposes; (14) Aquaculture; (15) Buildings and structures accessory to existing residential buildings and

to uses permitted herein; (16) Permanent and temporary piers, docks, wharves, bridges and other

structures and uses extending over or below the normal high-water line or within a wetland:

(17) Public and private recreational areas involving minimal structural

development; (18) Parking facilities where the resource protection designation is due to

floodplain criteria; (19) Road construction; (20) Public utility structures; (21) Clearing or removal of vegetation for activities other than timber

harvesting; (22) Filling and earth-moving activities; and (23) Signs.

b) Only the following uses are permitted in the Stream Protection Sub district, and

all other uses allowed in the underlying district(s) as permitted uses and special exception uses are prohibited:

(1) Non-intensive recreational uses not requiring structures such as hunting,

fishing and hiking; (2) Motorized and non-motorized vehicular traffic on existing roads, trails

and rails;

(3) Hiking trails, inactive trails, bridle paths, pedestrian trails and walkways; (4) Forest management activities, except for timber harvesting and land

management roads; (5) Timber harvesting; (6) Fire prevention activities; (7) Wildlife management activities; (8) Soil and water conservation activities;

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(9) Surveying and resource analysis; (10) Emergency operations; (11) Agriculture; (12) Non-residential facilities for educational, scientific or nature

interpretation purposes; (13) Aquaculture; (14) Buildings accessory to existing residential buildings and to uses

permitted herein; (15) Permanent and temporary piers, docks, wharves, bridges and other

structures and uses extending over or below the normal high-water line or within a wetland:

(16) Conversion of seasonal residences to year-round residences where

allowed by State statute and the Maine State Plumbing Code; (17) Private sewage disposal systems for allowed uses; (18) Public and private recreational areas involving minimal structural

development; (19) Road construction; (20) Public utility structures; (21) Clearing of vegetation; (22 Filling and earth-moving activities; and (23) Signs

9) Land Use Performance Standards - All land use activities within the Shoreland Overlay District shall conform to the following performance standards, if applicable. When there is any conflict between these performance standards and the other standards of this Land Use and Development Code, the more restrictive standards shall control.

a) Minimum Lot Standards

(1) No dwelling unit(s) or other building shall be erected except on a lot

which meets the minimum lot size and other dimensional requirements of the underlying district established under Chapter I, provided, however, that if the underlying district does not specify a minimum lot area, the

minimum lot area for residential uses and public and private recreational facilities shall be 40,000 square feet and that if the underlying district does not specify a maximum building height, the maximum building height shall be thirty-five (35) feet, as measured from the mean grade prior to construction at the downhill side of the structure and the highest point of the structure, excluding chimneys, antennas, and similar appurtenances that have no floor area. Minimum shore frontage for residential uses and public and private recreational facilities shall be 200

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feet and for all other non-residential uses shall be 300 feet. (2) Land below the normal high-water line of a water body or upland edge of

a wetland shall not be included toward calculating minimum lot area. (3) The minimum width of any portion of any lot within one hundred (100)

feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

b) Principal and Accessory Building/Structures

(1) All new principal and accessory buildings and structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland. In the Resource Protection District the setback requirement shall be two hundred fifty (250) feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district, which shall be subject to the setback requirements set forth above. The water body or wetland setback provision shall neither apply to buildings and structures which require direct access to the water as an operational necessity, such as piers and docks, nor to other functionally water-dependent uses.

(2) The lowest floor elevation of openings of all buildings and structures

including basements shall be elevated at least three (3) feet above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent flood plain soils.

(3) The total footprint area of all buildings/structures, parking lots and other

non-vegetated surfaces, within the shore land zone shall not exceed twenty percent (20%) of the lot or a portion thereof located within the shoreland zone, including land area previously developed.

(4) Notwithstanding the requirements stated above, stairways or similar

structures may be allowed with a Shoreland Zoning approval from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided; that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38, Section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

c) Piers, Docks, Wharves, Bridges and Other Structures and Bases Extending Over or Below the Normal High-Water Line of a Water Body or Within a Wetland

(1) Access from shore shall be developed on soils appropriate for such use

and constructed so as to control erosion. (2) The location shall not reasonably interfere with existing developed or

natural beach areas.

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(3) The facility shall be located so as to minimize adverse effects on fisheries.

(4) The facility shall be no larger in dimension than necessary to carry on

the activity. A temporary pier, dock or wharf shall not be wider than six (6) feet for non-commercial uses.

(5) No new building or structure shall be built on, over or abutting a pier,

wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland unless the building or structure requires direct access to the water body or wetland as an operational necessity.

(6) New permanent piers and docks shall not be permitted unless it is

clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible and the Department of Environmental Protection has issued a permit pursuant to the Natural Resources Protection Act.

(7) No existing building or structure built on, over or abutting a pier, wharf,

dock or other building extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units.

(8) Structures built on, over or abutting a pier, wharf, dock or other building

extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

d) Roads and Driveways - The following standards shall apply to the construction of

roads and/or driveways and drainage systems, culverts and other related features.

(1) Roads and driveways shall be set back at least one hundred (100) feet,

horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement to shall be no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than twenty percent (20%) the road and/or driveway setback shall be increased by ten (10) feet, horizontal distance, for each five percent (5%) increase in slope above twenty percent (20%). This subsection shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the

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setback area shall comply fully with the requirements of subsection b)1) except for that portion of the road or driveway necessary for direct access to the structure.

(2) Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland.

(3) New roads and driveways are prohibited in a Resource Protection Sub

district except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be or as approved by the Planning Board in a Resource Protection Sub district upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.

(4) Road and driveway embankments shall be no steeper than a slope of

two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subparagraph m).

(5) Road and driveway grades shall be no greater than ten percent (10%)

except for segments of less than two hundred (200) feet. (6) Where underground storm water drainage is not required, in order to

prevent road and driveway surface drainage from directly entering water bodies, roads and driveways shall be designed, constructed and maintained to empty onto an unscarified buffer strip at least fifty (50) feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

(7) Where underground storm water drainage is not required, ditch relief

(crossing drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following shall apply:

(a) Ditch relief culverts, drainage dips and associated water turnouts

shall be spaced along the road or driveway at intervals no greater than indicated in the following table:

Road Grade (percent) Spacing (feet) 0-2 250 3-5 200-135 6-10 100-80 11-15 80-60 16-20 60-45 21+ 40

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(b) Drainage dips may be used in place of ditch relief culverts only

where the grade is ten percent (10%) or less. (c) On sections having slopes greater than ten percent (10%) ditch

relief culverts shall be placed at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road or driveway.

(d) Ditch relief culverts shall be sufficiently sized and properly

installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

(8) Ditches, culverts, bridges, dips, water turnouts and other storm water

runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.

e) Signs

(1) The provisions of Chapter II, Section III shall govern the use of signs in the Shoreland Overlay District.

f) Storm Water Runoff

(1) All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of storm waters.

(2) Storm water runoff control systems shall be maintained as necessary to

ensure proper functioning.

g) Septic Waste Disposal

(1) All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules) and the following requirements: a. clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not be located within 75 feet, horizontal distance of the normal high-water line of a water body or the upland edge of a wetland and b. no holding tank shall be allowed for a first-time residential use in the shoreland zone.

h) Essential Services

(1) Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(2) The installation of essential services, other than road-side distribution

lines, is not permitted in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

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(3) Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

i) Gravel Pits

(1) No part of any gravel pit operation, including but not limited to drainage and runoff control features, shall be permitted within one hundred (100) feet, horizontal distance, of a great pond or a river flowing to a great pond, or within seventy-five (75) feet of the normal high water line of any other water body, tributary stream or upland edge of a wetland.

j) Agriculture

(1) All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2002, and the Nutrient Management Law (7 M.R.S.A. Sections 4201-4209).

(2) Manure shall not be stored or stockpiled within one hundred (100) feet,

horizontal distance, of a great pond or a river flowing to a great pond, or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water.

(3) Agricultural activities involving tilling of soil greater than forty thousand

(40,000) square feet in surface area within the Shoreland Overlay District shall require a Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this subparagraph.

(4) There shall be no new agricultural activities, including tilling of soil

greater than forty thousand (40,000) square feet in area where some or all of such tilling is of soil within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond, within seventy-five (75) feet, horizontal distance, from other water bodies; nor within twenty-five (25) feet, horizontal distance, of tributary streams, and wetlands. Operations in existence on the effective date of this subsection and not in conformance with this provision may be maintained providing that such tilling is conducted in accordance with a Conservation Plan.

(5) Newly established livestock grazing areas shall not be permitted within

one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond, within seventy-five (75) feet, horizontal distance of other water bodies, nor within twenty-five (25) feet, horizontal distance, of tributary streams, and wetlands. Livestock grazing associated with on-going farm activities, and which are not in conformance with the above

setback provisions may continue, provided that such grazing is conducted in accordance with a Conservation Plan.

(a) Subparagraph (j) (5) above notwithstanding, the establishment

of new livestock grazing areas may be allowed within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond or a river flowing to great pond, within seventy-five (75) feet, horizontal distance, of other water

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bodies or within twenty-five (25) feet, horizontal distance, of tributary streams and wetlands as an exception where the Planning Board finds: (1) that the applicant has made a clear showing, including the submission of a Conservation Plan, that such establishment of a new livestock grazing area will not have an undue adverse impact upon the shoreland area, and (2) that such an exception meets the shoreland zoning approval standards set out in paragraph 10 of this subsection, and where such livestock grazing is conducted in accordance with that Conservation Plan.

k) Timber Harvesting

(1) Within the strip of land extending 75 feet inland from the normal high-water line in a shoreland area zoned Resource Protection abutting a great pond there shall be no timber harvesting, except to remove safety hazards.

(2) Except in areas as described in subparagraph k) (1) above, timber

harvesting shall conform with the following provisions: (a) Selective cutting of no more than forty percent (40%) of the total

volume of trees four (4) inches dbh or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:

i. Within one hundred (100) feet, horizontal distance of the

normal high-water line of a great pond or a river flowing to a great pond and within seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clear cut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

ii. At distances greater than one hundred (100) feet,

horizontal distance, of a great pond or a river flowing to a great pond and greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear cut openings greater than ten thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand (5,000) square feet they shall be at least one hundred (100) feet, horizontal distance, apart. Such clear cut openings shall be included in the calculation of total volume removal. For the purposes of these standards volume may be considered to be equivalent to basal area.

(b) Subparagraph k) (2) (a) above notwithstanding, timber

harvesting operations exceeding the forty percent (40%) limitation upon selective cutting may be allowed as an exception where the Planning Board finds: (1) that the applicant has made a clear showing, including the submission of a forest management plan signed by a Maine licensed professional

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forester, that such an exception is necessary for good forest management, and (2) that such an exception meets the shoreland zoning approval standards set out in paragraph 10 of this subsection.

(c) No accumulation of slash shall be left within fifty (50) feet,

horizontal distance, of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high water line of a water body or tributary stream shall be removed.

(d) Timber harvesting equipment shall not use stream channels as

travel routes except when: i. Surface waters are frozen; and ii. The activity will not result in any ground disturbances.

(e) All crossing of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.

(f) Skid trail approaches to water crossings shall be located and

designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

(g) Except for water crossings, skid trails and other sites where the

operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet in width for slopes up to ten percent (10%) shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten percent (10%) increase in slope, the unscarified strip shall be increased by twenty (20) feet, horizontal distance. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a bank face shall be closer than twenty-five (25) feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland.

l) Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting

(1) Within a Resource Protection Sub district abutting a great pond, there shall be no cutting of vegetation within the strip of land extending seventy-five (75) feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards. Elsewhere, in any Resource Protection Sub district, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

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(2) Except in areas as described in subparagraph l) (1), above, and except to allow for the development of permitted uses, within a strip of land extending one hundred (100) feet, horizontal distance, inland from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip or vegetation shall be preserved as follows:

(a) There shall be no cleared opening greater than two hundred fifty

(250) square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is permitted provided that a cleared line of sight to the water through the buffer strip is not created.

(b) Selective cutting of trees within the buffer strip is permitted

provided that a well distributed stand of trees and other natural vegetation is maintained. For the purposes of this section a "well-distributed stand of trees" adjacent to a great pond or river, shall be defined as maintaining a rating score of 24 or more in each twenty-five (25) foot by 50 foot rectangular (1250 square feet) area as determined by the following rating system:

Diameter of Tree 4 1/2 feet Above Ground Level (inches) Points 2 - 4 inches 1 4 - 8 inches 2 8 - 12 inches 4 12 in. or greater 8 Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimal rating score of sixteen (16) per 25-foot by 50-foot rectangular area.

The following shall govern in applying this point system: i. The 25-foot by 50-foot rectangular plots must be

established where the landowner or lessee proposes clearing within the required buffer.

ii. Each successive plot must be adjacent to, but nor overlap a previous plot.

iii. Any plot not containing the required points must have no

vegetation removed except as other allowed by this section.

iv. Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this section.

v. Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.

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For the purposes of this section “other natural vegetation” is defined as retaining existing vegetation under three (3)feet in height and other ground cover and retaining at least five (5) saplings less than two (2) inches in diameter at four and one-half (4 ½) feet above ground level for each 25-foot by 50-foot rectangle area. If five (5) saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until 5 saplings have been recruited into the plot. Notwithstanding the above provisions, no more than forty percent (40%) of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.

(c) in order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered or removed, except to provide for a footpath or other permitted uses as described in subparagraphs (2) and (2) (a) above. The pruning of tree branches is allowed on the bottom 1/3 of the tree.

(d) In order to maintain a buffer strip of vegetation when the

removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

The provisions contained in paragraph (2) above shall not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

(3) The clearing of trees in conjunction with the development of permitted uses is governed by the timber harvesting provisions of subparagraph k).

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate twenty-five percent (25%) of the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.

(4) Cleared openings legally in existence on the effective date of this

Subsection may be maintained, but shall not be enlarged, except as permitted by this Subsection.

(5) Fields and other cleared openings which have reverted to primarily

shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

m) Erosion and Sedimentation Control

(1) All activities which involve filling, grading, excavation or other similar activities shall comply with the erosion performance standards contained in Chapter I, Section I B.

n) Soils

(1) Soil suitability shall be governed by the provisions contained in Chapter

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II, Section I, A.

o) Water Quality

(1) No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances will impair designated uses or the water classification of the water body, tributary stream or wetland.

p) Archeological Sites

(1) Any proposed land use activity involving structural development or soil disturbance or on adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.

10) Administration

a) Shoreland Zoning Approval Required - After the effective date of this Subsection no person shall: engage in any activity or land use regulated by this Land Use and Development Code and located in the Shoreland Overlay District without first obtaining shoreland zoning approval from the Planning Board for any permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland for any activity or land use requiring Planned Unit Development review under Chapter I, Subdivision Review under Chapter III, or Site Plan review under Chapter IV, or for any exception to the livestock grazing provisions of Subparagraph j) 5) or to the timber harvesting provisions of subparagraph k) (2), or from the Code Enforcement Officer for any other activity or land use. Where any approval is required for work in the Shoreland Overlay District, a copy of the approval shall be maintained on the site while the work authorized by the permit is being performed.

b) Approval Standards

(1) The Planning Board shall not approve a proposed permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland or an application for planned unit development, subdivision or site plan proposed to be located in whole or in part within the Shoreland Overlay District or for any exception to the livestock grazing provisions of subparagraph j) 5) or to the timber harvesting provisions of subparagraph k) (2), nor shall the Code Enforcement Officer issue a building permit or other land use permit under this Chapter for any proposed land use that is not subject to the above Planning Board approvals and that is proposed to be located in whole or in part within the Shoreland Overlay District unless the Planning Board or the Code Enforcement Officer also makes a positive finding, with or without conditions and based on the information presented, that the proposed use:

(a) Will maintain safe and healthful conditions; (b) Will not result in water pollution, erosion, or sedimentation to

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surface waters; (c) Will adequately provide for the disposal of all water; (d) Will not have an adverse impact on spawning grounds, fish,

aquatic life, bird or other wildlife habitat; (e) Will conserve shore cover and visual, as well as actual, points of

access to inland and coastal waters; (f) Will protect archaeological and historic resources as designated

in the Comprehensive Plan; (g) Will mitigate flood hazards to development; and (h) Is in conformance with this Subsection.

(2) If Shoreland Zoning approval is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted involving a building if the building would be located in an unapproved subdivision or would violate any other local subsection regulation or any State law which the municipality is responsible for enforcing.

(3) The applicant shall have the burden of proving that the proposed land

use or activity in the Shoreland Overlay District is in conformity with the purposes and provisions of this Subsection.

c) Expiration of Approval

(1) The Shoreland Zoning approval shall remain valid only for the duration of the underlying building permit, planned unit development approval, subdivision approval, or site plan approval or other land use approval or permit with which it is issued.

d) Permit Fees

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the shoreland zoning permit application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the permit application:

(1) Publishing and public notice fee; (2) Application fee

1; and

(3) Independent consulting and peer review escrow account to be


All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If a shoreland zoning permit application is also subject to subdivision


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review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount exclusive of escrow deposit.

11) Enforcement

a) Nuisances - Any violation of this Article shall be deemed to be a nuisance. b) Code Enforcement Officer

(1) It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Article. If the Code Enforcement Officer shall find that any provision of this Article is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures and abatement of nuisance conditions. A copy of such notices shall be submitted to the municipal officers and be maintained as a permanent record.

(2) The Code Enforcement Officer shall conduct on-site inspections to

insure compliance with all applicable laws and conditions attached to shoreland zoning approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this Article.

(3) The Code Enforcement Officer shall keep a complete record of all

essential transactions of the office, including applications submitted, shoreland zoning permits granted or denied, variances granted or denied, revocation actions, revocation of shoreland zoning approvals, appeals, court actions, violations investigated, violations found, and fees collected. On an annual basis, a summary of this record shall be submitted to the Director of the Bureau of Land and Water Quality within the Department of Environmental Protection.

c) Fines - Any person, including but not limited to a landowner, a landowner's agent

or a contractor, who orders or conducts any activity in violation of this Article shall be penalized in accordance with 30-A M.R.S.A., Section 4452 as amended from time to time, and each day that a violation of this Article continues shall be deemed a separate violation of this Article.

d) Installation of Public Utility Service - No public utility, water district, sanitary

district or any utility company of any kind may install services to any new structure located in the shoreland area unless written authorization attesting to the validity and currency of all local permits and approval required under this or any previous Article, has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that installation has been completed.

F. WASTE WATER POLLUTION

1) Waste water to be discharged into municipal sewers, should they be available, shall be in such quantities and/or of such quality as to be compatible with standards established by the municipality.

2) To meet those standards, the Town may require that such wastes shall undergo

pretreatment or full treatment at the site in order to render them acceptable for

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municipal treatment processes. 3) Pretreatment includes, but is not limited to screening, grinding, sedimentation,

ph adjustment, surface skimming, chemical oxidation and reduction and dilution. 4) The disposal of waste water by means other than a municipal sewerage system

must comply with the laws of the State of Maine and the Town concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into a municipal system. As condition of service, representatives of the Town and the State Department of Environmental Protection shall be permitted to enter onto the premises for the purpose of gauging, sampling and testing any waste water streams which may enter into water courses.

G. AIR POLLUTION

1) Dust, dirt and fly ash shall not exceed 0.3 grains per cubic foot of flue gas at

stack temperature of 500 degrees Fahrenheit and shall in no manner be destructive, unhealthful, hazardous, nor shall visibility be impaired by the emission of haze which unduly impedes vision with an apparent opaqueness equivalent to No. 1 of the Ringlemann Chart as measured at any boundary line, using the procedures of the American Society of Testing Materials. Representatives of the Town or the State Department of Environmental Protection may enter onto premises for the purpose of testing any and all sources of potential air pollution.

2) The limitations of paragraph 1 shall not apply to emissions resulting from soot

blowing on any heat-transfer operation regardless of fuel source provided such emissions do not exceed an aggregate duration of more than one hour in any 24 hour period.

3) Any activity emitting toxic or odoriferous substances must submit detailed plans

to minimize such emissions to the Code Enforcement Officer before a permit is granted. Limitations of toxicity and odors of these substances shall be as set forth in the State of Maine.

4) All air pollution control shall comply with minimum State requirements and

detailed plans shall be submitted to the Code Enforcement Officer for approval, before a permit is granted.

H. NOISE ABATEMENT

1) Noise is required to be muffled so as not to be objectionable to surrounding land uses. Noise

may be equal to but not exceed an hourly A weighted equivalent sound level of 75 decibels (dBA) as defined and measured generally in accordance with ANSI standards. This standard shall apply at any boundary line. This section shall not apply to mineral exploration, excavation or gravel pits that are subject to the provisions of Chapter II, Section I, C(5)(a)(3) of this Code.

1 The 75 decibel (dBA) limit applies at the lot line for all lots in Gorham, except

as noted below.2

After April 7, 2009 developments subject to site plan review are required to meet Chapter IV, Site Plan Review, Section IX, Approval Criteria and Standards, T, - Noise Abatement. Where



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there is a conflict between those noise requirements and the standards of this section, the more restrictive requirements shall govern.

1

2) A use shall not be subject to the noise limits established by this section at any property line

where the property owner and the abutting property owner have agreed in writing that those noise limits will not apply at their shared property line or that the noise limits may exceed the 75 decibel limit by an amount established in writing. Any such agreement concerning the noise limits at the shared property line shall be set forth in reciprocal deeds between the property owners and shall be recorded in the Cumberland County Registry of Deeds.

2

3) The following activities are excluded from the sound level limits.

3

a) Construction and demolition work 7 am to 7 pm. With prior approval from the Town of Gorham Code Enforcement Officer, this exemption can be extended beyond daytime hours to accommodate certain activities such as major concrete pours.

b) Agricultural activity and daytime timber harvesting. c) Landscaping, lawn mowing and related grounds keeping. d) Snow removal and related winter maintenance such as sanding. e) Operation and daytime (7 a.m. to 7 p.m.) testing of emergency equipment such as fire

alarms, backup generators, and pressure relief valves. f) Registered and inspected motorized vehicles traveling on public roads and when

entering and departing from a parking or loading area and which are moving, starting or stopping. This excludes operation of vehicles and on-board equipment during loading, unloading, processing, mixing or related operations. Examples of non-exempt vehicle operations include refrigeration units on parked vehicles, cement mixers, and on-board loading pumps.

g) Safety and warning signals required by law, rule or regulation. h) Cultural and sporting events with proper approval from the Town of Gorham. i) At lot lines where the abutting property owner has granted a noise easement to the

applicant, such an easement shall state the abutting property owner agrees that the sound level limits at the shared property line can be exceeded a specified amount but not by more than 10 dBA above the applicable sound level limits. Any agreement or easement concerning noise levels shall be included in the reciprocal deeds, and shall be only for the specific noise, land use and term covered by the noise easement and shall have no affect on the sound level limits applicable to other properties.

j) Maintenance, startups, shutdowns and other routine activities are not exempt from these sound level limits. Exceptions to this restriction can be granted by prior approval of the Code Enforcement Officer according to the following criteria:

1) Frequency, no more than once every three months 2) Permitted sound level, no more than 85 dBA for brief limited, intermittent time

periods totaling no more than one hour for the duration of maintenance, 3) Maintenance exceeding normal sound limits, as described in item 2 to occur only

between the hours of 7AM and 5PM

I. BUFFER AREAS

1) Any non-residential yard space abutting a residential area shall be maintained as a buffer strip by the developer. Such buffer area shall be for the purpose of eliminating any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Gorham.




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2) Natural features shall be maintained wherever possible to provide a break between the

proposed development and abutting properties.

3) When natural features such as topography, gullies, stands of trees, shrubbery, rock outcrops do not exist or are insufficient to provide a buffer, the developer shall landscape or otherwise provide fencing or screening.

4) Fencing, screening or natural features, or combination thereof, shall be sufficient to shield

from the view of abutting residential properties, and otherwise prevent any kind of nuisance: all loading and unloading operations, storage areas, commercial vehicle parking, waste disposal and collection areas.

5) Fencing and screening shall be durable and properly maintained at all times by the owner.

6) Fencing and screening shall be so located within the developer's property line to allow

access for maintenance on both sides without intruding upon abutting properties.

7) All buffer areas shall be maintained in a tidy and sanitary condition by the owner. SECTION II - PARKING, LOADING AND TRAFFIC

A. OFF-STREET PARKING STANDARDS

1) Off-street parking, in addition to being a permitted use, shall he considered as an accessory use when required or provided to serve conforming uses located in any district.

2) The following minimum off-street parking and loading requirements shall he provided

and maintained in case of new construction, alterations and changes of use. Such parking may be provided in the open air in spaces each nine feet wide by eighteen feet long, or in garages. All spaces shall be accessible from lanes of adequate size and location.

Dwellings 2 parking spaces per each dwelling unit.

Accessory Apartments 1 parking space per each accessory apartment

1

Motels, tourist homes, 1 parking space for each sleeping room rooming houses,

fraternities Bed and Breakfast and Bed 1 parking space per guest room and 2 and Breakfast Establishments parking spaces for the residential unit, plus 1

parking space for each additional staff person employed

2

Bed and Breakfast 1 on-site parking space per guest room and Establishments with Public 2 parking spaces for the residential unit, plus Dining as an Accessory Use 1 parking space for each additional staff and Inns person employed; and 1 parking space for each 2

licensed restaurant seats in the public dining



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facility. Legal on-street parking spaces located along the lot frontage adjacent to a public right-of-way may be counted as off-street parking

1

Hotels 1 parking space for each 2 guest rooms.

Schools:

Nursery Schools 1 parking space for each 2 rooms used as nursery rooms.

Elementary Schools 1 parking space for each adult employee plus 3

parking spaces.

Junior High Schools 1 parking space for each adult employee plus 6 parking spaces.

Senior High Schools 1 parking space for each adult employee plus 15

parking spaces for each 100 students or major fraction thereof of total enrollment.

Hospitals, sanatoria, 1 parking space for each 500 square feet or major

nursing homes fraction thereof of floor area, exclusive of basement.

Theaters, auditoria, 1 parking space for each 4 seats for each

churches, arenas 100 square feet or major fraction thereof of assemblage space if no fixed seats.

Mortuary Chapels 5 parking spaces for each chapel.

Retail Stores 1 parking space for each 200 square feet of gross

floor area. Bowling Alley 4 parking spaces for each bowling lane.

Restaurants: 1 parking space for each 100 square feet, or major

fraction thereof, of floor area not used for storage or food preparation.

Drive-in restaurants, snack bars: Minimum 25 parking spaces plus 4 square feet of

parking for each square foot of floor space in excess of 2,500 square feet.

Offices, professional

and public buildings: 1 parking space for each 250 square feet of gross floor area.

Medical and Dental Offices: 1 parking space for each 250 square feet of gross

floor area plus 1 space for each examination, treatment or consultation room.

Industry, manufacturing


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and business: 1 parking space for each l,000 square feet of floor area, or major fraction thereof, for that part of every business, manufacturing and industrial building not catering to retail trade and with floor area over 3,000 square feet.

3) Required off-street parking in all districts shall be located on the same lot as the

principal building or use except that where it cannot reasonably be provided on the same lot, the Planning Board

1 may authorize residential off-street parking to be

located on another lot within 300 feet of the residential uses served as measured along lines of public access if safe and convenient

2. Such parking areas shall be

held under the same ownership or lease as the residential uses served and evidence of such control or lease shall be required.

4) Required off-street parking in all business and industrial zones shall be located on the

same lot with the principal building or use, or within 100 feet measured along lines of public access, except that where off-street parking cannot be provided within these limits, the Planning Board

3 may permit such off-street parking to be located a

reasonable distance from the principal building or use, measured along lines of public access if safe and convenient

4. Such parking areas shall be held under the same

ownership or lease, and evidence of such control or lease shall be required. Such lots shall be located within business or industrial districts.

5) Where off-street parking for more than six vehicles is required or provided on a lot in

a Residence Zone and vehicles are to be or may be parked within the area otherwise required to be kept open and unoccupied for front, side, and rear yards in the zone in which such parking is located, the following requirements shall be met:

a) A continuous guard curb, rectangular in cross section, at least six inches in

height and permanently anchored, shall be provided and maintained at least five feet from the street or lot line between such off-street parking and that part of the street or lot line involved; or a continuous bumper guard of adequate strength, the top of which shall be at least 20 inches in height, shall be provided and maintained between such off-street parking and that part of the street or lot line involved so that bumpers of vehicles cannot project beyond its face toward the street or line involved, either above or below the impact surface.

b) Where such off-street parking shall abut a lot in residential use or an

unoccupied lot which is located in a Residence Zone, a landscaped buffer and/or a fence,

5 not less than 48 inches in height, shall be provided and

maintained between such off-street parking and that part of the lot line involved.

6) Where off-street parking for more than six vehicles is required or provided on a lot in

any Business Zone, the following requirements shall be met: a) Where vehicles are to be or may be parked within ten feet of any street line,

a continuous guard curb, rectangular in cross section, at least six inches in height and permanently anchored, shall be provided and maintained at least five feet from the street line between such off-street parking and that part of


2Amended April 6, 1999




136 11/2004

the street line involved; or a continuous bumper guard of adequate strength, the top of which shall be at least 20 inches in height, shall be provided and maintained between such off-street parking and that part of the street line involved so that the bumpers of vehicles cannot project beyond its face toward the street line involved, either above or below the impact surface.

b) Where such off-street parking shall abut a lot in a Residence Zone or a lot in

residential use, a landscaped buffer and/or a fence, not less than 48 inches in height, shall be provided and maintained between such off-street parking and that part of the lot line involved.

7) Where off-street parking is required or provided, the following construction

requirements shall apply:

a) Appropriate driveways from streets or alleys, as well as maneuvering areas, shall be provided. Location and width of approaches over public sidewalks shall be approved by the Building Inspector. When access to parking areas is available from more than one street, the location of points of ingress and egress shall have the approval of the Planning Board.

b) The surface of driveways, maneuvering areas, and parking areas shall be uniformly graded with a sub grade consisting of well-compacted gravel or equivalent materials at least six inches in depth. Except as provided in subsection c) below,

1 for commercial, industrial, and institutional uses and

apartment buildings, the drives, maneuvering areas and parking areas shall be covered with two inches of bituminous concrete properly prepared and laid in two courses of one inch each in accordance with specifications prepared by the Public Works Department. All other installations shall have a wearing surface equivalent in qualities of compaction and durability to fine gravel.

c) For commercial, industrial and institutional uses (excluding retail or service businesses) that will generate an estimated average of thirty-five (35) vehicle trips or less per day or for Rural Entrepreneurial Uses that meet the Performance Standards of Chapter II, Section VII, Subsection E. 2. in the Suburban Residential District or of Chapter II, Section VIII, Subsection E. 2. in the Rural District, parking areas shall be constructed with a suitably durable material (including gravel) that minimizes dust and is appropriate for the type of land use activity. Surfacing, grading and drainage shall be required to facilitate groundwater recharge by minimizing impermeable surface and stormwater run-off. Parking lots constructed in conformance with this provision shall have a paved apron 30 feet in length commencing at the existing edge of pavement on the adjacent public road.

2

d) A system of surface drainage shall be provided in such a way that the water run-off shall not run over or across any public sidewalk or street.

e) Where artificial lighting is provided, it shall be shaded or screened so that no light source shall be visible from outside the area and its access driveways.

8) The Planning Board may reduce the off-street requirements of 2) in the following

situations:

1Amended March 4, 2008


137 11/2004

a) Where legal on-street parking is located within two hundred (200) feet of a non-residential use and the Board determines that this parking will be available to meet some or all of the parking demand.

b) Where publicly supplied off-street parking is located within two hundred

(200) feet of a non-residential use and the Board determines that this parking will be safe, convenient, and available to meet some or all of the parking demand.

c) Where it is clearly demonstrated that the parking demand will be lower than

that established by this section and that the reduction will not detract from neighborhood property values, inconvenience the public, or increase congestion on adjacent streets.

d) For the reuse or redevelopment of a parcel in the Village Centers or Urban Commercial Districts if the Planning Board determines that the new use will not significantly increase the demand for parking compared to the former use.

e) For uses in the Village Centers or Urban Commercial Districts if the Planning Board determines that the demand for parking will be less than the standard because some customers/users will walk or take alternative transportation to the site.

In these cases, the owner of the property seeking the reduction or his/her representative shall be responsible for providing documentation to the Planning Board substantiating the reduced parking demand or alternative supply.

1

9) The Planning Board

2 may approve the joint use of a parking facility by two or more

principal buildings or uses where it is clearly demonstrated that said parking facility will substantially meet the intent of the requirements by reasons of variation in the probable time of maximum use by patrons or employees among such establishments.

10) No portion of any lot which is used to satisfy the front yard requirements of this

ordinance shall be used for parking for any commercial or industrial use. B. OFF-STREET LOADING STANDARDS 1) In those districts where off-street loading is required, the following minimum off-street

loading bay or loading berths shall be provided and maintained in the case of new construction, alterations, and changes of use:

Office Buildings and Hotels with a gross floor area of more than 100,000 square feet:

1 Bay. Retail, wholesale and industrial operations with a gross floor area of more than 5,000

square feet: 5,001 to 40,000 sq.ft. 1 Bay 40,001 to 100,000 sq.ft. 2 Bays 100,001 to 160,000 sq.ft. 3 Bays 160,001 to 240,000 sq.ft. 4 Bays 240,001 to 320,000 sq.ft. 5 Bays



138 11/2004

320,001 to 400,000 sq.ft. 6 Bays Each 90,000 square feet over 400,000, 1 additional Bay. 2) Each loading bay shall have minimum dimensions of 70 feet by 14 feet and may be

located either within a building or outside and adjoining an opening in the building. Every part of such loading bay shall be located completely off the street. In case trucks, trailers, or other motor vehicles larger than the dimensions of the minimum loading bay habitually serve the building in question, additional space shall be provided so that such vehicle shall park or stand completely off the street.

3) The provisions of this section for off-street loading shall not be construed as

prohibiting incidental curbside business deliveries, dispatches, or services provided that they are in compliance with all applicable State and local traffic regulations.

C. ACCESS AND PARKING LAYOUT 1) To limit the proliferation of access points from parking areas to public highways and

the resultant strip development, traffic hazards, congestion and other manifestations of commercial sprawl, each developer in a Roadside Commercial Zone shall dedicate a 50 foot strip adjacent to and running the length of the public highway to the use of controlled public access and landscaping.

2) The developer shall install within this 50 feet at least a 20 foot strip which shall be

curbed and landscaped. The remainder shall be improved and dedicated as marginal vehicular access to parking aisles serving the proposed development. An access roadway at least 26 feet in width shall be constructed in accordance with Section V of this chapter. It shall connect in a proper fashion with the roadways of adjoining development.

3) The developer shall file with the Town of Gorham a performance guarantee in an

amount sufficient to defray the cost of improving the 50 foot strip for marginal vehicular access and landscaping. The conditions and amount of such performance bond shall be determine by the Manager of the Town with the advice of the various municipal departments and agencies concerned. The amount shall be at least equal to the total cost of curbing, landscaping and providing vehicular access of at least 26 feet traveled width conforming with the provisions of Section V of this chapter and shall be conditioned on the completion of such improvements within one year of the date of the performance bond.

4) Upon satisfactory completion, the developer shall petition the Town of Gorham for

acceptance of the 50 foot strip for controlled marginal access and landscaping. 5) In addition to meeting the parking requirements of this Ordinance, the developer shall

provide 40 square feet for each patron parking space planned. This 40 feet shall be used to provide curbed and paved divider strips at least 8'0" wide between parking aisles. The divider strips shall be to provide safe pedestrian access between rows of parked vehicles, traffic channeling, lighting and landscaping. Where feasible, such divider strips shall be oriented at right angles to the main entrance of the principle building or use in order to provide for maximum pedestrian convenience and safety.

6) The Town of Gorham reserves the right to select areas within the 50 foot marginal

access for the grouping or placement of signs and traffic directions. 7) All traffic flow in parking areas shall be clearly marked with signs and/or surface

directions at all times.

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8) All parking spaces shall be clearly marked. 9) The Town of Gorham reserves the right to designate all ingress and egress points to

the public highway from the 50 foot marginal access as may be needed to meet current and future traffic control needs.

D. CORNER CLEARANCES For purposes of traffic safety in all Districts, no building or structure may be erected and no

vegetation other than shade trees may be maintained above a height of three feet above the plane through the curb grades of intersecting streets within a triangle two sides of which are the edges of the public ways for twenty feet measured from their point of intersection or in the case of rounded street corners, the point of intersection of their tangents.

E. FUTURE ROADS

When the Town or State has identified the need for a new road to serve existing or future

vehicular movement and the location of the proposed right-of-way has been established and can be located on the ground, development which encroaches on the proposed right-of-way shall not be permitted unless:

a) The area of the right-of-way is reserved for future road construction; or b) The Town is offered the opportunity to purchase the right-of-way at its fair market

value as determined by an independent professional appraiser and declines to purchase the right-of-way. The offer to sell must provide the Town with at least 180 days to accept or reject the offer.

SECTION III – SIGNS

1

A. APPLICABILITY

The provisions of this section apply to all signs placed or erected on private property, signs located on or overhanging public property that relate to adjacent private property, and signs on public property that relate to a governmental use of that property unless specifically exempted by the provisions of this section. Signs and other advertising displays not specifically allowed by this section are hereby prohibited. For the purposes of this section, occupant means any distinct use that occupies a separate and identifiable space within a building. Any activity that involves at least two of the following characteristics shall be considered to be an occupant for the purposes of these provisions:

1. Separate cash registers or checkout/payment/service facilities that serve the use

exclusively 2. Employees that work exclusively for the use 3. Occupancy of an area that is physically separated by walls, door, and hallways f from

other occupants 4. A lease on or ownership of an identifiable space 5. A separate entrance and identifiable building frontage associated with the occupant


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When a property is occupied by a single occupant, the sign provisions for a single-occupant property shall apply. When a property has more than one occupant, the sign provisions for a multi-occupant property shall apply.

B. COMPUTATION OF SIGN AREA AND HEIGHT

The following principles shall be used to determine the area and/or height of signs: 1) Area of Wall Signs: The area of a wall sign that is painted onto a building or structure or in

which the letters or elements of the sign are attached directly to a building or structure shall be the area of the smallest square, rectangle, triangle, or circle that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color that forms an integral part of the background of the display or that is used to differentiate the sign from the building or structure on which it is placed. The area of a wall sign does not include any border or framing around the display area provided that the area of the border or framing is less than fifty percent (50%) of the area of the sign and does not contain any graphics, logos, or other advertising features. In general, the area of a wall sign shall include the entire graphic representation as a single sign unless there are clearly discrete and separate elements such as a name and logo/graphic in which case the sign area of each may be calculated separately. In this case, each area that is calculated separately shall be considered to be a sign with respect to limits on the number of signs on the property.

2) Area of All Other Signs: The area of all other signs shall be the area of the sign face but not including any supporting framework or bracing or any base or pedestal for supporting the sign face that does not contain any advertising features, lettering, logos, or distinctive color scheme associated with the subject of the sign as a brand identification. If the sign is irregularly shaped, contains openings in the sign face, or is a “constructed” sign made up of separate, attached pieces or components, the area of the sign shall be the area of the smallest square, rectangle, triangle, or circle that will encompass the extreme limits of the writing, representation, emblem or other display.

3) Area of Double Faced or Multi-Faceted Signs: The area of a double faced or multi-faceted

sign shall be the area of one sign face provided that the other sign faces are identical, cannot be viewed from any point at the same time, and are part of the same structure.

4) Height of Sign: The intention of this limitation is to allow signs that can be seen from the

street(s) from which the property has vehicle access but to prevent signs that are designed or located so as to be able to be seen from streets from which the property does not have vehicle access. The height of a freestanding sign shall be the distance from the normal grade of the site under the sign to the highest point on the sign face. Normal grade means the established grade after construction of the portion of the site where the sign will be located but shall not include any mounding, berming, or base done for the location of the sign.

5) Address Exclusion/Inclusion. The inclusion of the address of the property as part of a sign is encouraged. If a sign includes the address of the property (221 Overland Street), the address area is excluded from the calculation of the area of the sign unless the address is a part of the occupant’s or project’s name (i.e. 14 Main Restaurant or 400 Main Plaza).

C. EXEMPT SIGNS

The provisions of this section shall not apply to the following types of non-illuminated signs: public safety and information, political, traffic control and directional that contain no advertising, no trespassing, real estate development or site signs during the period of construction; project identification signs with the name of a municipal or community building or facility or residential

141 11/2004

subdivision or development that is located at the entrance to the site;1 real estate sale and rental

signs except as limited in this section, building markers, signs required by law or court order, gasoline price signs attached to or part of a pump for the dispensing of gasoline or other fuels having less than one square foot of sign area, signs displaying only the address of the property, and temporary signs in conjunction with a yard sale or community or other special event with a limited duration.

2

D. PROHIBITED SIGNS, DISPLAYS, AND RELATED MATERIALS

1) The following are prohibited anywhere in the Town unless specifically allowed under

Sub-Sections E or F: a) Signs with Moving or Rotating Pieces or Parts: Any sign that has any moving or rotating

pieces or parts that creates the appearance of motion. If there is uncertainty as to whether this restriction applies to a specific sign, the Planning Board shall make the determination. Readerboard signs including electronic message boards with interchangeable or moveable lettering that comply with the performance standards of section E. are excepted from this limitation. This restriction also does not apply to clocks, thermometers, and similar displays that change in response to the information being monitored provided that the display does not flash.

b) Illuminated Signs: Any sign that is illuminated by flashing or blinking lights or in which

the illumination changes color. c) Inflatable Signs/Displays: Inflatable signs or advertising displays except in conjunction

with special events not more than two times in a calendar year for no more than thirty (30) consecutive days provided such periods of use are separated by at least thirty (30) days. Temporary inflatable signs or displays are allowed only with a sign permit issued by the Code Enforcement Officer.

d) Awning Signs: Signs on an awning or the use of the awning as an advertising feature to

draw attention to the premises. Awnings may not contain any color scheme or graphic treatment that is used to identify a particular business or brand, may not be made out of reflective, florescent, or translucent materials, may not be back lit, and must be primarily a solid color that is not intended to draw attention to the property.

e) Canopy Signs: Signs on a canopy (such as a canopy over a fueling island or drive-

through facility). Canopies located in a village environment may not include any color scheme or graphic treatment that is used to identify a particular business or brand. Canopies in a roadside or industrial/business park environment may include a brand related color scheme or graphic treatment but may not include the name of the product or business.

f) Pennants, Banners, Streamers, etc.: Pennants, banners, streamers, advertising flags

other than one (1) “open” flag per business or occupant, whirligigs, and similar devices intended to draw attention to a specific property except in conjunction with special events not more than two times in a calendar year for no more than thirty (30) consecutive days provided such periods of use are separated by at least thirty (30) days. Temporary displays are allowed only with a sign permit issued by the Code Enforcement Officer.

g) Strings of Lights or Lighted Tubing: Strings of lights or lighted tubing that outlines a sign

or a building or its major features such as roof lines, windows, or doors or that are used as an advertising feature to draw attention to the premises except for temporary holiday lighting and decorations.

1 Amended February 2, 2010 2 Amended February 2, 2010

142 11/2004

h) Temporary Signs: Plastic, fabric, cardboard, wooden, paper or similar signs that are not

part of the permanent signage of the premises including those advertising products or services available on the premises except in conjunction with special events not more than two times in a calendar year for no more than thirty (30) consecutive days provided such periods of use are separated by at least thirty (30) days. Temporary signs are allowed only with a sign permit issued by the Code Enforcement Officer. The date upon which the sign permit expires and the sign permit number must be affixed to the sign in a way that allows this information to be easily read. Any sign that is a part of the permanent signage of the premises is subject to the sign requirements and limits of the environment in which it is located.

i) Reflective or Luminous Surface Materials: Any sign with reflective or luminous surface

materials including luminous paint. j) Signs Prohibited by State Law: Any sign prohibited by state law or regulation. k) Appendages to Signs: Any extensions or additions to a sign or appendages that hang or

extend from a sign or its supporting structure that is not an integral part of the design of the sign unless approved by the Town of Gorham Planning Board as part of the site plan review for the project.

l) Building or Roofing Materials as Signs: The exterior materials of a building including the

roofing materials may not be used as a sign or a brand specific advertising element except for “roof art” approved in accordance with E.6). The color or ornamentation of the building or the roof may not have the effect of the building or roof functioning as a sign as a result of its distinctive appearance.

m) Prohibited Content: Signs that contain hate speech as defined by the criminal statutes of

the State of Maine or that express an obscene message. n) Sandwichboard Signs: Freestanding signs that meet the definition of a sandwichboard

sign are prohibited both within street rights-of-way and on private property. o) Off-Premises Signs: All signs must be located on the same lot as the use or occupant

that is the subject of the sign or where the goods or services are available except as specifically provided for in this section. Off-premises signs are allowed only for Exempt Signs in accordance with subsection C. Official Business Directional Signs in accordance with subsection H. and Business Park Identification Signs in accordance with subsection I.

1


In addition to the standards set forth in the preceding sub-sections, signs shall conform to the following performance standards as applicable: 1) Readerboard Signs: A readerboard may be incorporated into a new project or business sign.

The area of the readerboard shall be less than seventy-five percent (75%) of the total sign area of the sign and shall be counted in both the size of the sign and the total allowed sign area for the property. The readerboard must be integrated into and be compatible with the overall design of the sign. A readerboard may not be added to an existing sign. The message on the readerboard may not change more than once in any twelve (12) hour period. If the readerboard includes an electronic time or temperature display, that display is exempt from this requirement. A readerboard that alternates a time or temperature display with other information is not permitted unless the change frequency conforms to the twelve (12)


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hour interval. An electronic readerboard that incorporates a time or temperature display may not be located within two thousand (2,000) feet, as measured along the same street, of any other electronic readerboard with a time or temperature display.

In the Roadside and Industrial/Business Park Environments, the readerboard may be an “electronic message board” illuminated by LEDs or other similar light sources provided the electronic message board conforms to all of the following requirements:

a) The message shall be limited to alpha-numeric characters but the background of the

message board may include graphics, pictures, or other visual features.

b) The LEDs or other light elements that make up the message board shall be a single color in the amber or red spectrums.

c) The intensity of the illumination shall be consistent for the entire board and shall be

constant during the daytime and nighttime periods unless the intensity of illumination is programmed to adjust to ambient light levels.

d) When the message on the board is changed, all changes to any of the elements on the

face of the sign, including any background graphics or pictures, shall occur simultaneously. This provision does not preclude keeping some elements of the sign, including background graphics or pictures constant, while other elements are changed.

e) The display, including time or temperature displays and background graphics or pictures,

may not flash, scroll, or appear to move. f) The numbers or letters shall consist of a single row of pixels. g) The illumination level or brightness of the face of the sign shall not exceed 500 nits from

the period from one-half hour before sunset to one-half hour after sunrise and 3,500 nits from one-half hour after sunrise to one-half hour before sunset. The Planning Board may allow an increase in the daytime illumination level to not more than 5,000 nits if the applicant demonstrates during site plan review that the higher level is necessary for the sign to be readable in anticipated ambient light levels.

h) The message board shall be equipped with an automatic dimmer to control the changes

from the daytime illumination levels to the nighttime levels. i) The owner of the sign shall provide a written certification from the supplier or installer of

the message board that the sign conforms to the standards for maximum illumination levels.

j) The system shall not allow the owner of the sign to independently change the

illumination levels. 2) Projecting Signs: A projecting sign may be located over a public sidewalk or other public

space only with the approval of the Town Council and proof of liability insurance to protect the Town. A projecting sign located over a sidewalk or pedestrian way or space must provide a minimum of 8 (eight) feet of clearance beneath the lowest element or component of the sign including the supporting structure.

3) Business Identification Signs: A business identification sign may be attached to or hung from

the underside of a canopy over a pedestrian walkway that provides access to the occupants of the building. Each sign must be located immediately adjacent to the entrance to the occupant to which it applies.

4) Illumination of Signs: Illuminated signs in the Roadside Environment and the

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Industrial/Business Park Environment may be either internally or externally illuminated. Illuminated signs in the Village Environment and Residential Environment may only be externally illuminated. Signs in the Residential Environment may only be illuminated during the normal hours of operation of the occupant(s). The source of the illumination for externally illuminated signs must be shielded so that the bulb, reflector, or other light source is not directly visible from public streets. The use of visible lights or light emitters such as LED’s as part of the sign is prohibited except as part of a readerboard meeting the requirements of 1) above. If a sign is internally illuminated, the use of white or light colored background should be avoided or minimized, but if white or a light color is used in the background, not more than forty percent (40%) of the internally illuminated area of the sign face may be of such color.

5) Orientation of Signs: The intention of this limitation is to allow signs that can be seen from

the street(s) or access roads on which the building fronts or from which the property has vehicular access but to prevent signs that are designed or located so as to be able to be seen from streets on which the property does not front or from which it does not have vehicular access. Therefore, signs must be placed so that they can be seen from streets or private access drives that the property has vehicular access from and/or to which the front of the building is oriented. Signs on corner lots may be orientated to both streets. Signs may not be placed in locations where they are intended to be seen from streets from which the property does not have access nor which the front of the building does not face.

6) Signs on Roofs: Signs on roofs are generally not permitted for residential or non-residential

uses. The Planning Board may permit the installation of a vertical wall sign on a mansard or similar roof which essentially serves as the exterior wall of a portion of the building or on a pitched roof if the board finds as part of the site plan review for the project that there is no other reasonable location for the sign on the wall of the building. Any sign placed on a roof must not extend above the peak or ridge of the roof surface upon which it is placed. The Planning Board may allow the installation of “roof art” in which a sign or advertising feature is incorporated into the roof or roofing material if the Board finds that the roof art is thematically or historically appropriate for the building and the environment in which it is located.

7) Location of Additional Signs on Properties with Vehicle Access from More than One Street: If

a property is permitted to have additional signs because it has vehicular access from more than one street, not more than one sign of any type (project, directory, business) may be placed adjacent to any access. The additional signs must be located adjacent to the access points from the other streets.

8) Location of Additional Signs on Properties with Multiple Vehicle Accesses from One Street: If

a property is permitted to have additional signs because it has more than one vehicular access from a street, not more than one sign of any type (project, directory, business) may be placed adjacent to any access. The additional signs must be located adjacent to other accesses.

9) Master Sign Plan: For a new multi-occupant, non-residential building or the renovation or

expansion of an existing multi-occupant building that requires major or minor site plan review, the owner shall submit a master sign plan as part of the application for site plan review. The master sign plan shall identify the proposed location and size of signs to be allowed on the site including provisions for how individual business signs will be treated. The master sign plan should demonstrate how the signs on the property will be coordinated in conformance with the requirements of this section to create a harmonious visual environment. This plan must specify any conditions or limits that will be applied to future signs or changes in signs to conform to these requirements. Once a master sign plan has been approved for a building, all future signs including the replacement of existing signs, shall conform to the approved plan. The approved master sign plan may be revised with the approval of the Planning Board.

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10) Interior Window Signs or Displays: Interior window signs or displays may be visible from outside of the building through not more than forty percent (40%) of the glazed area of the window. If a permanent sign is painted on the window, the area of that sign must be included in the forty percent limit. Signs or displays may not be illuminated except for “open” signs or signs indicating the operating hours of the occupant. The area of each sign or display shall be calculated in accordance with Section III. B.2. and the area of the individual signs and displays aggregated to determine the total sign area.

11) Location of Freestanding Signs: Freestanding signs including any supporting structures,

bases, or related landscaping must be located so that they do not encroach on street rights-of-ways or other parcels. The signs must be located so they do not obstruct the vision of drivers on public streets or private driveways or access roads or the visibility of pedestrians. The location of a freestanding sign must be shown on the sign permit and is subject to review by the Town after installation to determine if this standard is met. If the Code Enforcement Officer determines that the sign obstructs the visibility of drivers or pedestrians or otherwise creates a safety concern, the sign must be relocated to a location consistent with this requirement.

12) Information/Direction Signs. An information/direction sign shall only provide information or

directions that relate to the use of the property and may not include any advertising such as prices or product information, but may include the name and/or logo of the occupant or the project. The area of the name and/or logo may not exceed forty percent (40%) of the area of the sign. The sign may not be illuminated. The sign must be located in relationship to the information provided.

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F. PERMITTED RESIDENTIAL SIGNS

Residential uses may display a single sign not over six square feet in area attached to a building or detached and located in the front yard relating to uses or services rendered on the premises, the sale, rental or lease of the premises. Farms which are worked by the occupant are permitted two signs which shall not exceed 72 square feet in total sign area provided the signs shall not be displayed more than 180 days within a single calendar year and shall not be subject to a fee.

G. PERMITTED NON-RESIDENTIAL SIGNS

Signs in conjunction with non-residential occupants including non-residential uses in residential zones shall conform to the following maximum standards. The standards for the maximum number of signs, maximum size and height of signs, and maximum sign area per occupant vary depending on the environment within which the property and sign are located. There are four different environments each with different standards. The four environments are:

Village Environment – These standards apply to signs that are located in the Village Centers District, Urban Commercial District, and Office-Residential District.

Roadside Environment – These standards apply to signs that are located in the Rural District, Roadside Commercial District, Commercial/Office District, Narragansett Development District, and those portions of the Industrial District located outside of an industrial or business park. Industrial/Business Park Environment – These standards apply to signs that are located in or are associated with an industrial or business park in an Industrial District that has been approved by the Planning Board as a coordinated development.


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Residential Environment – These standards apply to signs related to a non-residential use in the Urban Residential District and Suburban Residential District.

The sign standards of the underlying environment shall apply to a contract zone unless the provisions of the contract zone specifically modify the sign requirements. The requirements for the type, number, size, and height of signs or total sign area may be modified as part of the contract zone provisions. The following maximum standards apply to the four environments: 1) Village Environment

a) Single-Occupant Property

(1) Allowed Freestanding Signs

(a) Ground-Mounted Business Signs: One ground-mounted business sign having not more than twenty-four (24) square feet (SF) of sign area and being not more than eight (8) feet high for each street frontage from which the property has vehicular access

(2) Allowed Building Signs

(a) Wall Business Signs: Any number of wall business signs having a maximum total area of the greater of: 1) thirty-six (36) SF of sign area, or 2) 0.75 SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint to a maximum of one hundred (100) SF. If the property does not have either a freestanding ground-mounted business sign or a projecting sign, the maximum total area of wall business signs may be increased by twenty-four (24) SF. If the property has a projecting sign and does not have a freestanding ground-mounted business sign, the maximum total area of wall business signs may be increased by fourteen (14) SF. In accordance with the standards of sub-section L, the Planning Board, upon written request of the applicant, may waive or modify the

one hundred (100) SF cap on wall sign area up to the maximum sign area that would be allowed without the cap, and may increase the maximum total area of wall signs for buildings that have frontage on two or more streets or private access ways by up to fifty percent (50%) provided that no façade may have more than the base amount of sign area. Each façade of the building may have a maximum of two (2) wall signs, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.

(b) Projecting Signs: One projecting sign having not more than ten (10) SF of sign

area but only if the property does not have a freestanding ground-mounted business sign

(3) Allowed Interior Window Signs or Displays

(a) Interior window signs or displays in any window that does not directly face an adjacent property in residential use in a residential zone subject to the performance standards of E.10)

(4) Allowed Information/Direction Signs1


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(a) Any number of information/direction signs each having not more than four (4) SF of sign area.

b) Multi-Occupant Property


(a) Ground-Mounted Project Signs: One ground-mounted project sign having not more than twenty-four (24) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access

(b) Ground-Mounted Directory Signs: One ground-mounted directory sign having not

more than twenty-four (24) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access

(c) Combination Ground-Mounted Project/Directory Signs: One combination ground-

mounted project/directory sign having not more than forty-eight (48) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access but only if the property has no other freestanding project or directory signs.


(a) Project Signs: One project sign having a maximum area of the greater of: 1) eighteen (18) SF of sign area, or 2) 0.5 SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint.

(b) Directory Signs: One directory sign having not more than six (6) SF of sign area

at each public entry to the building that provides access to more than one occupant.

(c) Wall Business Signs (First Floor Occupants): Any number of wall business signs

having a maximum total sign area of the greater of: 1) thirty-six (36) SF of sign area, or 2) 0.75 SF of sign area for each foot of width of the primary front façade occupied by the occupant to which the sign relates (or width of the front façade of the occupied space if the space faces a parking area or internal roadway), for each occupant on the first floor in accordance with an approved master sign plan if applicable. If the property does not have a freestanding ground-mounted project sign and an occupant does not have a projecting sign, the maximum total area of wall business signs permitted for the occupant may be increased by twenty-four (24) SF. If the occupant has a projecting sign and the property does not have a freestanding ground-mounted project sign, the maximum total area of wall business signs for an occupant may be increased by fourteen (14) SF. Not more than two (2) wall signs for any occupant may be located on each façade of the building, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.

(d) Wall Business Signs (Upper Floor Occupants): Any number of wall business

signs having not more than thirty-six (36) SF of total sign area for each occupant on upper floors in accordance with an approved master sign plan if applicable. If the property does not have a freestanding ground-mounted project sign and an occupant does not have a projecting sign, the maximum total area of wall business signs permitted for the occupant may be increased by twenty-four (24) SF. If the occupant has a projecting sign and the property does not have a freestanding ground-mounted project sign, the maximum total area of wall business signs for an occupant may be increased by fourteen (14) SF. Not

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more than two (2) wall signs for any occupant may be located on each façade of the building, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.

(e) Projecting Business Signs: One projecting business sign having not more than

ten (10) SF of sign area for each occupant in accordance with an approved master sign plan if applicable.

(f) Business Identification Signs: One business identification sign having not more

than three (3) SF of sign area for each occupant in accordance with an approved master sign plan if applicable but only if the property has a canopy over a pedestrian walkway providing access to the occupants.


(a) Interior window signs or displays in any window that does not directly face an adjacent property in residential use in a residential zone subject to the performance standards of E.10).

(4) Allowed Information/Direction Signs

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(a) Any number of information/direction signs each having not more than four (4) SF

of sign area.

2) Roadside Environment

a) Single-Occupant Property


(a) Ground or Pole-Mounted Business Signs: One ground-mounted or pole-mounted business sign having not more than thirty-six (36) square feet (SF) of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access.

(b) Additional Ground or Pole-Mounted Business Signs: One additional ground-

mounted or pole-mounted business sign having not more than thirty-six (36) SF of sign area and being not more than sixteen (16) feet high for any property with more than one hundred fifty (150) feet of street frontage that has two or more separate vehicular points of access.


(a) Wall Business Signs: Any number of wall business signs having a maximum total area of the greater of: 1) forty-eight (48) SF of sign area, or 2) one (1) SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint to a maximum of two hundred (200) SF. In accordance with the standards of sub-section L, the Planning Board, upon written request of the applicant, may increase the maximum total area of wall signs for buildings that have frontage on two or more streets or private accessways by up to fifty percent (50%) provided that no façade may have more than the base amount of sign area. Each façade of the building may have a maximum of two (2) wall signs, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.


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(a) Interior window signs or displays in any window that does not directly face an

adjacent property in residential use in a residential zone subject to the performance standards of E.10)


(a) Any number of information/direction signs each having not more than six (6) SF

of sign area.

(b) Multi-Occupant Property (1) Allowed Freestanding Signs

(a) Ground or Pole-Mounted Project Signs: One ground-mounted or pole-mounted project sign having not more than thirty-six (36) SF of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access.


more than twenty-four (24) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access provided that the sign is located to be read from an internal access drive or parking lot.

(c) Combination Ground or Pole-Mounted Project/Directory Signs: One combination

ground-mounted or pole-mounted project/directory sign having not more than forty-eight (48) SF of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access but only of the property does not have a freestanding project or directory sign.

(d) Ground or Pole-Mounted Business Signs: One ground-mounted or pole-mounted

business sign having not more than thirty-six (36) SF of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access for the primary occupant of the project.

(e) Additional Ground or Pole-Mounted Business Signs: One additional ground-

mounted or pole-mounted business sign having not more than thirty-six (36) SF of sign area and being not more than sixteen (16) feet high for the primary occupant of the property for any property with more than one hundred fifty (150) feet of street frontage that has two or more separate vehicular points of access from that street.


(a) Project Signs: One project sign having a maximum area of the greater of: 1) thirty-six (36) SF of sign area, or 2) one (1) SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint.




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(c) Wall Business Signs (First Floor Occupants): Any number of wall business sign

having a maximum total sign area of the greater of: 1) forty-eight (48) SF of sign area, or 2) 1.0 SF of sign area for each foot of width of the primary front façade occupied by the occupant to which the sign relates (or width of the front façade of the occupied space if the space faces a parking area or internal roadway) for each occupant on the first floor in accordance with an approved master sign plan if applicable. Not more than two (2) wall signs for any occupant may be located on each façade of the building, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.

(d) Wall Business Signs (Upper Floor Occupants): Any number of wall business

signs having not more than thirty-six (36) SF of total sign area for each occupant-on upper floors in accordance with an approved master sign plan if applicable. Not more than two (2) wall signs for any occupant may be located on each façade of the building, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.

(e) Business Identification Signs: One business identification sign having not more

than three (3) SF of sign area for each occupant in accordance with an approved master sign plan if applicable but only if the property has a canopy over a pedestrian walkway providing access to the occupants.


(a) Interior window signs or displays in any window that does not directly face an adjacent property in residential use in a residential zone subject to the performance standards of E.10).


(a) Any number of information/direction signs each having not more than six (6) SF

of sign area.

3) Industrial/Business Park Environment

a) Single-Occupant Property within an Industrial/Business Park


(a) Ground or Pole-Mounted Business Signs: One ground-mounted or pole-mounted business sign having not more than thirty-six (36) square feet (SF) of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access.


(a) Wall Business Signs: Any number of wall business signs having a maximum total area of the greater of: 1) forty-eight (48) SF of sign area, or 2) 1.5 SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint to a maximum of two hundred fifty (250) SF. Each façade of the building may have a maximum of two (2) wall signs, not including signs permanently painted on windows.


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(a) Any number of information/direction signs each having not more than eight (8)

SF of sign area.

b) Multi-Occupant Property within an Industrial/Business Park


(a) Ground or Pole-Mounted Project Signs: One ground-mounted or pole-mounted project sign having not more than thirty-six (36) SF of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access.


more than twenty-four (24) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access provided that each sign is located to be read from an internal access drive or parking lot.

(c) Combination Ground or Pole-Mounted Project/Directory Signs: One combination ground or pole-mounted project/directory sign having not more than forty-eight (48) SF of sign area and being not more than sixteen (16) feet high for each frontage from which the property has vehicular access but only if the property has no other freestanding project or directory signs.

(d) Ground or Pole-Mounted Business Signs: One ground-mounted or pole-mounted business sign having not more than thirty-six (36) SF of sign area and being not more than sixteen (16) feet high for the primary occupant of the property for each frontage from which the property has vehicular access.


(a) Project Signs: One project sign having a maximum area of the greater of 1) thirty-six (36) SF of sign area, or 2) one (1) SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint.



(c) Wall Business Signs: Any number of wall business signs having not more than

seventy-two (72) SF of total sign area for each occupant in accordance with an approved master sign plan if applicable. Each façade of the building may have a maximum of two (2) wall signs, not including signs permanently painted on windows.


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(a) Any number of information/direction signs each having not more than eight (8)

SF of sign area.

4) Residential Environment



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a) Single-Occupant Non-Residential Property


(a) Ground-Mounted Business Signs: One ground-mounted business sign having not more than twenty-four (24) square feet (SF) of sign area and being not more than eight (8) feet high for each street frontage from which the property has vehicular access.


(a) Wall Business Signs: Any number of wall business signs having a maximum total area of the greater of: 1) thirty-six (36) SF of sign area, or 2) 0.75 SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint to a maximum of sixty (60) SF. In accordance with the standards of sub-section L, the Planning Board, upon written request of the applicant, may increase the maximum total area of wall signs for buildings that have frontage on two or more streets or private access ways by up to fifty percent (50%) provided that no façade may have more than the base amount of sign area. Each façade of the building may have a maximum of two (2) wall signs, not including signs permanently painted on windows, unless a greater number is approved y the Planning Board in accordance with sub-section L.


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(a) Any number of information/directions signs each having not more than two (2)

SF of sign area.

b) Multi-Occupant Non-Residential or Mixed-Use Property


(a) Ground-Mounted Project Signs: One ground-mounted project sign having not more than twenty-four (24) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access.


more than twenty-four (24) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access.

(c) Combination Ground-Mounted Project/Directory Signs: One combination ground-

mounted project/directory sign having not more than forty-eight (48) SF of sign area and being not more than eight (8) feet high for each frontage from which the property has vehicular access but only if the property has no other freestanding project or directory signs.


(a) Project Signs: One project sign having a maximum area of the greater of: 1) eighteen (18) SF of sign area, or 2) 0.5 SF of sign area for each foot of width of the primary front façade of the principal building facing the primary adjacent street as measured on the building footprint.


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(b) Directory Signs: One directory sign having not more than six (6) SF of sign area at each public entry to the building that provides access to more than one non-residential occupant.

(c) Wall Business Signs (First Floor Non-Residential Occupants): Any number of

wall business signs having a maximum total sign area of the greater of: 1) thirty-six (36) SF of sign area, or 2) 0.75 SF of sign area for each foot of width of the primary front façade occupied by the non-residential occupant to which the sign relates (or width of the front façade of the occupied space if the space faces a parking area or internal roadway), for each non-residential occupant on the first floor in accordance with an approved master sign plan if applicable. Not more than two (2) wall signs for any occupant may be located on each façade of the building, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.

(d) Wall Business Signs (Upper Floor Non-Residential Occupants): Any number of

wall business signs having not more than twenty-four (24) SF of total sign area for each non-residential occupant on upper floors in accordance with an approved master sign plan if applicable. Not more than two (2) wall signs for any occupant may be located on each façade of the building, not including signs permanently painted on windows, unless a greater number is approved in accordance with sub-section L.


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(a) Any number of information/directions sighs each having not more than

two (2) SF of sign area. H OFFICIAL BUSINESS DIRECTIONAL SIGNS

Official Business Directional Signs shall be allowed pursuant to the Maine Traveler Information Act and the rules and regulations promulgated there under by the Maine Department of Transportation. All Official Business Directional Signs must meet current MDOT standards regulating the installation of such signs. The background color of all such signs in the Town (including both reflectorized and nonreflectorized) shall be of uniform blue in accordance with Maine Department of Transportation regulations relating to off-premises signs as may be amended from time to time.

I. INDUSTRIAL PARK IDENTIFICATION SIGNS

Gorham Industrial Park Identification Signs may be located off the Industrial Park premises at the entrances of the Industrial Park on Bartlett Road and at the entrance of any new public road that accesses the Gorham Industrial Park and must be approved by the Gorham Economic Development Corporation and the Gorham Town council.

1) Granite signs identifying the Gorham Industrial Park and accompanying decorative wall shall not

exceed 120 square feet on any one side.

2) Gorham Industrial Park Directory signs may be located at intersections within the Industrial Park.2

J PORTABLE SIGNS

1) Except as otherwise Except as otherwise provided by ordinance, on-premises portable signs as defined by the BOCA Code shall be allowed as provided for herein. All portable signs shall require a permit issued by the Code Enforcement Officer. The Code Enforcement Officer shall



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grant any such permit upon demonstration by the applicant that the sign is in full compliance with all laws and ordinances applicable to said permit, unless in the opinion of the Code Enforcement Officer granting such permit would endanger the public safety. The application for such permit shall contain the name and address of the applicant, the purpose for which the portable sign is requested, and the written consent of the owner or lessee of the premises on which the sign is to located. The permit shall be granted for a period of thirty (30) days nor shall more than two (2) such permits be issued for any particular property, business or location in any twelve (12) month period provided, however, that there shall be a waiting period of not less than thirty (30) days between the date of expiration of one such permit and the issuance of the next such permit. Upon expiration of the permit, the portable sign shall immediately be removed. In addition to the application fee in such amount(s) and for such purposes(s) as the Town Council may from time to time establish by Council order, the applicant shall pay in advance a deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order to be refunded upon removal of the sign in conformance with this ordinance; provided, however, if the sign is not removed upon expiration of the permit, the Town shall notify the permit holder in writing of the violation and indicate that he has ten (10) days from mailing of the letter to appeal the proposed forfeiture to the Code Enforcement Officer. If the matter is not timely appealed to the C.E.O. or, if appealed, the appeal be denied, the deposit shall be forfeited to the Town. Such forfeiture shall be in addition to any other remedies otherwise provided by law. The requirement of a deposit shall be waived for non-profit organizations.

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2) Portable signs in excess of thirty-two (32) square feet in surface area shall not be permitted. 3) Signs otherwise meeting the BOCA Code definition of portable signs and that are intended to be

permanently placed shall be permanently anchored and regulated in accordance with the applicable provisions of this section for the type and location of the sign.

K. CONTINUATION AND TERMINATION OF NONCONFORMING SIGNS

1) Removal of Illegal Signs: Signs that were previously installed without a permit from the

Town or that are not legally nonconforming must be removed within ninety (90) days of the adoption of this provision.

2) Continued Use of Legally Nonconforming Signs: Legally existing nonconforming signs may

continue to be used in accordance with this sub-section. Legally nonconforming signs may be repaired but the sign may not be otherwise altered, enlarged, or relocated except as provided for in 3.

2

3) Discontinuation/Replacement of Nonconforming Signs: Any legally existing nonconforming

sign as of the date of adoption of this section shall be removed or brought into conformance with the applicable provisions of this Section:

a) Prior to the issuance of a certificate of occupancy for a building or premises that is

substantially changed or altered in a manner that requires major site plan review,

b) Within thirty (30) days of a change of the Occupant of the building or space,

c) Within thirty (30) days if a building is demolished, destroyed, or moved from the parcel,

d) Within thirty (30) days if the sign is demolished, destroyed, or moved from the parcel, and the extent of the repairs exceeds 90% of the cost of replacing the sign with a conforming sign or the sign is moved from the parcel.



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The applicant shall be responsible for demonstrating to the Planning Board’s satisfaction that all of these conditions are met.

1

The Planning Board shall approve the replacement of a nonconforming sign with a less nonconforming sign. This replacement is available only one time for each nonconforming sign. The definition of less nonconforming is as follows:

2

a) The replacement sign may be greater in area and height than the maximum allowed

for a conforming sign by up to fifty percent (50%) of the difference between the existing nonconforming sign and a conforming sign;

b) If a readerboard exists in the nonconforming sign that is not integrated into the sign,

a replacement readerboard must be integrated into the new sign but may not be more than 75% of the area of the replacement sign; and

c) If the nonconforming sign is a wall sign and the area of all wall signs is greater than

the maximum conforming area allowed, the replacement wall sign must reduce the nonconformance of the total wall sign area by at least half of the difference between the existing nonconforming total area and the maximum conforming area for wall signs.

In all other respects including sign type, illumination, sign placement, and any other characteristic not specifically addressed in a, b, or c above, the replacement sign must meet the requirements for a conforming sign for the sign environment in which the nonconforming sign is located.

3

The request for Planning Board approval must be accompanied by the following:

4

a) Full description of the existing nonconforming sign with drawings or photos

identifying its type, size, height, and method of illumination;

b) An analysis detailing how the existing sign does not conform to the current requirements;

c) A full description of the proposed replacement sign with drawings or photos

identifying its type, size, height, and method of illumination; and d) An analysis of how the proposed sign complies with the definition of less

nonconforming set forth above.

L. ALLOWANCE OF ADDITIONAL WALL SIGNS OR WALL SIGN AREA More than two wall business signs per façade or an increase to the total allowed wall sign area for properties that front on two or more streets or access roads may be permitted if the applicant has demonstrated to the satisfaction of both the Code Enforcement Officer and the Town Planner that additional signs and/or sign area.

5

1) Are needed to provide appropriate visibility for the business, 2) Will be within the maximum area of wall business signs allowed for the property including the

allowed additional area,






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3) If the project is located in the Village Centers or Urban Commercial Districts, the signs are compatible with Chapter, Section IX, Subsection 2.E.10 and Chapter I, Section X, Subsection 2.E.10.

1

In the event the Code Enforcement Officer and the Town Planner do not agree that the applicant meets or exceeds the requirements of this subsection, the application will be forwarded to the Planning Board for consideration.

2

M. ALLOWANCE TO ADDITIONAL FREESTANDING SIGNS FOR CORNER LOTS

3

Additional freestanding sighs for properties that front on two or more streets but that have vehicular access from only one street may be permitted if the applicant has demonstrated to the satisfaction of both the Code Enforcement Officer and the Town Planner that:

1) The building faces or is primarily oriented to a street from which the parcel does not have vehicular access;

2) The additional sign is needed to provide appropriate visibility for occupant(s) of the property

or to safely direct vehicles to the access into the property; 3) The additional sign will be located so that there is only one sign of any type on each frontage;

and 4) If the project is located in the Village Centers or Urban Commercial Districts, the sign is

compatible with Chapter I, Section IX, Subsection 2.E.10 and Chapter I, Section X, Subsection 2.E.10.

In the event the Code Enforcement Officer and the Town Planner do not agree that the applicant meets or exceeds the requirements of this subsection, the application will be forwarded to the Planning Board for consideration. SECTION IV - RESIDENTIAL

A. CLUSTERED RESIDENTIAL DEVELOPMENT A Cluster Residential Development is a form of development which allows a developer to

create smaller lots than required by the applicable zoning district regulations in return for setting aside a portion of the tract as permanent open space owned and maintained jointly by the individual lot owners. The net residential density of the site shall remain the same as if the site were developed as a conventional subdivision. Each dwelling unit in a cluster residential development shall be placed on a separate lot whether the dwelling unit is a single-family dwelling or part of a two-family or multi-family dwelling. The Planning Board may approve requests for cluster residential developments if it finds that the proposal conforms to the criteria listed below and is the best development form for the site.

Notwithstanding other provisions of this Code relating to space and bulk, the Planning Board

in reviewing and approving proposed residential developments located in Gorham, may modify said provisions related to space and bulk to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.

Innovative approaches to residential layout and environmental design shall be subject

to the following criteria:




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1) The purpose and intent of this Land Use and Development Code shall be upheld. 2) There shall be compliance with all State and local codes and ordinances. 3) Each building shall be an element of an overall plan for site development. 4) There shall be no approval of any proposed development which exceeds the

allowable net residential densities permitted without appeal in the district in which it is located.

5) Residual open space shall be usable for recreational or other outdoor living purposes

and for preserving large trees, tree groves, woods, ponds, streams, glens, rock outcrops, native plant life and wildlife cover. The use of any open space may be further limited or controlled at the time of final approval where necessary to protect adjacent properties or uses. Residual open space shall be dedicated to the recreational amenity and environmental enhancement of the development and shall be recorded as such. Such dedications may include private covenants or arrangements to preserve the integrity of open spaces and their use for agricultural or conservation purposes.

The common open space shall be accessible to the residents of the project. At a

minimum, this use may include such activities as walking, picnicking, fishing, swimming, cross country skiing, and other low intensity recreational uses unless otherwise provided for in the Planning Board approval.

6) The developer shall take into consideration the following points, and shall illustrate

the treatment of spaces, paths, roads, service and parking areas and other features required in his proposal:

a) Orientation: buildings and other improvements shall respect scenic vistas

and natural features. b) Streets: access from public ways, internal circulation and parking shall be

designed to provide for vehicular and pedestrian safety and convenience, emergency and fire equipment, snow clearance, street maintenance, delivery and collection services. Streets shall be laid out and constructed consistent with local requirements.

c) Drainage: adequate provision shall be made for storm waters, with particular

concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means.

d) Sewage Disposal: adequate provision shall be made for sewage disposal,

and shall take into consideration soil conditions and potential pollution of surface or ground waters.

e) Water Supply: adequate provision shall be made for both ordinary use as

well as special fire needs. f) Utilities: all utilities shall be installed underground wherever possible.

Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.

g) Recreation: facilities shall be provided consistent with the development

proposal.

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h) Buffering: planting, landscaping, disposition and form of buildings and other

improvements, or fencing and screening shall be utilized to integrate the proposed development with the landscape and the character of any surrounding development.

i) Disposition of Buildings: shall recognize the need for natural light and

ventilation. 7) For purposes of this section, the tract or parcel of land involved must be either in

single ownership, or the subject of an application filed jointly by the owners of all the property included.

8) Before the recording of final subdivision plans, or as a condition of final subdivision

approval, the Planning Board shall require and accept in accordance with the standards adopted by ordinance, an improvement guarantee in accordance with Chapter III, Subdivision, Section IV., Final Plan, Subsection C., Improvement Guarantee.

9) Common open space shall be dedicated after approval of the project. There shall be

no further subdivision of this land, nor buildings constructed upon it without further planning review and which would cause the net residential density to exceed the density permitted in that district.

10) The common open space(s) shall be shown on the development plan and with

appropriate notation on the face thereof to indicate that it: a) shall not be used for future building lots. b) a part or all of the common open space may, at the option of the Town, be

dedicated for acceptance by the Town for operation as a municipal recreational facility.

11) If any or all of the common open space is to be reserved for use by the residents, the

formation and incorporation by the developer of a neighborhood association shall be required prior to final plat approval.

12) Covenants for mandatory membership in the association setting forth the owners'

rights and interest and privileges in the association and the common land, shall be approved by the Planning Board and included in the deed for each lot.

13) This neighborhood association shall have the responsibility of maintaining the

common open space(s) and operation and maintenance of local neighborhood recreational facilities within such open space(s).

14) The association shall levy annual charges against all property owners to defray the

expenses connected with the maintenance of open spaces and neighborhood recreational facilities.

15) The developer or subdivider shall maintain control of such open space(s) and be

responsible for their maintenance until development sufficient to support the association has taken place or, alternatively, the objectives of clustering have been met. Such determination shall be made by the Planning Board upon request of the Neighborhood Association or the developer or subdivider.

B. PERFORMANCE STANDARDS FOR MULTI-FAMILY HOUSING

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The construction of any new multi-family dwelling or the conversion of an existing single-family or two-family dwelling into a multi-family dwelling shall be done in accordance with the following standards:

1. Multi-family dwellings in developed areas shall retain and respect the existing

streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas.

2. For new construction, utilities shall either be placed underground or, if above the

ground, designed so as to be visually compatible with the overall development. 3. All required yard area shall be retained as open, landscaped areas which are not

occupied by buildings, structures, parking lots, storage or similar uses. Access roads or drives and sidewalks may be located to allow vehicular and pedestrian traffic to cross yard areas.

4. A buffer shall be established between the multi-family housing and any abutting

single-family or two-family dwellings. The buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. The buffering shall consist of landscaping, fencing, grading or a combination of features.

5. All private access roads shall be located within a 50 foot dedicated right-of-way. No

off-street parking shall be located within this right-of-way. 6. The developer shall provide a minimum of 1,000 cubic feet of private lockable

storage for personal property for each dwelling unit. This space may be part of the dwelling unit or at a separate location or building.

7. The developer shall provide a minimum of 250 square feet of private, outdoor space

for each dwelling unit.

8. The developer shall provide a minimum of 250 square feet of common, outdoor space for each dwelling unit which shall be developed with appropriate recreation facilities.

9. All roads that will be dedicated to the Town for public use shall meet the standards for

public roads contained in the subdivision regulations. All private roads, drives, or access ways shall also meet the standards for private roads contained in the subdivision regulations.

1

10. All off-street parking and lighting must be adequately screened from view of public

ways and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four (4) feet high.

11. The number of dwelling units permitted on the site shall be determined by dividing

the net residential acreage by the minimum lot area required per dwelling unit.

C. ACCESSORY APARTMENTS

Accessory apartments are a permitted use in the UR, SR, R districts, subject to the approval of the Code Enforcement Officer and adherence to the following standards:


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A. The owners of the principal structure must reside in the principal structure of the accessory unit.

B. The number of occupants of the accessory unit is limited to two. C. The accessory unit shall contain up to a maximum of 660 square feet of living

space. D. The septic system on the property in question shall be functioning properly at the

time of application for site plan use permit approval. In addition, the applicant must submit a new HHE-200 form as documentation that another area of suitable soil exists on the property to be used for septic system repair in the event of failure of the original system.

E. The parking requirements of the Gorham Land use and Development Code shall

be adhered to. F. Proper ingress and egress shall be provided to the accessory unit. G. Should the owners of the principal structure be found in compliance of the

standards contained in this section, the non compliance shall be considered a violation of this code and subject to the fines and penalty section, and the accessory unit shall be discontinued, and the structure shall revert to single family use.

H. An accessory apartment which complies with the requirements of this subsection

shall not be considered an additional dwelling unit when calculating lot area per family under the space and bulk regulations of the Code.

1

I. Only one accessory apartment per principal structure shall be permitted on a

lot.2

J. The HHE-200 form, after review and approval by the Code Enforcement Officer,

shall be recorded at the Cumberland County Registry of Deeds. SECTION V - MINIMUM STANDARDS FOR THE DESIGN AND CONSTRUCTION OF STREETS AND WAYS

3

A. PURPOSE

The purpose of this section is to set uniform standards for the design of streets and ways in the Town of Gorham in order to provide for safe vehicular and pedestrian travel and appropriate service to adjacent land.

B. GENERAL

No street or way shall be laid out and accepted as a public street or way by the Town of Gorham, Maine except in accordance with the provisions of this Section of the Land Use and Development Code.

C. ACCESS TO ADJOINING LAND




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1) The Planning Board shall provide for road continuation, to limit unnecessary curb cuts and/or to provide for street access to adjoining properties by dedication on a subdivision plan, of a fifty-foot wide right-of-way to the boundary of adjacent properties, unless the Planning Board determines it is not in the public interest to require access to adjoining land, the topography is not suitable for access to adjoining land, or the project is surrounded by wetlands and no suitable land is available for continuation. Access to adjacent developed land shall be provided by the dedication on a subdivision plan of a 50-foot right-of-way connecting to previously dedicated rights-of-way.

1

2) Road connections to adjacent developed land are to be fully constructed at the

time of development in subdivisions that are located wholly or partly in the Development Transfer Overlay District, the Urban Residential District or the Village Centers Districts unless the Planning Board determines that fully constructing the road connection is not in the public interest because (1) the road connection will create an unsafe situation for residents of the subdivision or existing neighborhoods due to a substantial increase in traffic volume or speed, or (2) the road connection will result in motor vehicles using the connection as a cut-through to avoid either waits at nearby signalized intersections or the use of neighboring arterial or connector streets. Further, if full construction of the road connection is determined by the Planning Board to have the potential of creating lengths of unoccupied road that, due to their isolated location, may result in maintenance or nuisance issues, including but not limited to illegal dumping, the Planning Board may either waive the construction requirement or allow the street construction to be limited to clearing of the area and construction of the sub base.

2

3) In a subdivision that has proposed private ways as well as public streets that are

proposed to be dedicated to the Town for acceptance, the future road connection rights-of-way shall be established from said public streets proposed to be dedicated to the Town for acceptance.

3

4) In subdivisions where only private ways are proposed, the subdivision plan does

not need to comply with paragraph C1) or C2) above. In the event that a street approved as a private way in the subdivision is later presented to the Town for acceptance as a public street, the road connection right-of-way must be included in a deed to the Town for acceptance at the same time as the street and if the subdivision is located wholly or partly in the Development Transfer Overlay District, the Urban Residential District or the Village Centers Districts, the road connection must be fully constructed prior to street acceptance.

4

D. DEFINITIONS For the purposes of this Ordinance certain terms used herein are defined as follows: 1) Arterial Street: A major roadway serving long distance traffic through and between municipalities and carrying traffic to major centers of activity. 2) Collector Street: A principal roadway which conveys traffic between arterial

streets.





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3) Sub collector Street: A street which is designed to carry traffic between local access streets and collector streets.

a) Rural Sub collector - Any street which is classified as a sub collector and

located in either the Rural or Suburban Residential Districts and which is projected to have an Annual Average Daily Traffic (ADT) volume of between 250 and 1000 vehicles per day shall be designed to the standards required for Rural Sub collector as presented in Table 1.

b) Urban Sub collector - All other streets which are classified as sub

collectors, including a sub collector street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements,

1 shall be

designed to the standards required for an urban sub collector as presented in Table 1.

4) Access Street: A local street designed to provide access to abutting property

and to carry no more traffic than that generated by the uses along the street.

a) Rural Access Street - Any access street located in either a Rural or Suburban Residential District, except for an access street that is located within the Development Transfer Overlay District and serves a subdivision or development that conforms to the overlay district requirements,

2 which serves less than 25 dwelling units and which is

projected to have an Average Daily Traffic (ADT) volume of less than 250 vehicles shall be constructed to the standards for a Rural Access Street, as presented in Table 1.

b) Urban Access Street - All other streets which are classified as access

streets shall be designed to the standard required for an Urban Access Street, as presented in Table 1.

5) Industrial or Commercial Street: A local street which provides access to

abutting commercial or industrial properties, the primary function of which is to serve those properties and the development proposed for them.

6) Service Road: A road which primarily serves a facility, complex, business or land not for residential use. 7) Private Way: A minor street which has not been dedicated to the town as a

public street or public way, serving no more than six (6) lots with up to maximum of six (6) dwelling units, and which, if it has not been built to public street standards, shall not be accepted as a public street or way by the Town.

8) Paved Private Way: A minor street which has not been dedicated to the Town

as a public street or public way, serving no more than ten (10) lots with up to a maximum of ten (10) dwelling units and constructed to the standards for a paved private way, and which, if it has not been built to public way standards, shall not be accepted as a public street or way by the Town.

NOTE: Street classifications for multi-family residential or non-residential uses shall be determined by trip generation figures indicated in the most current edition of the Institute of Traffic Engineer's Handbook.



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The Town Council shall designate the streets and the Town Engineer shall maintain a list of street designations.

E. ACCEPTANCE OF STREETS AND WAYS

A street or way constructed on private lands by the owner(s)/developer(s) thereof and not dedicated for public travel prior to the date of enactment of this ordinance, (September 2, 1997), may be laid out and accepted as a public street or way by the Town Council only upon the following conditions:

1) The owner(s) shall give the Town a deed to the property within the boundaries of

the street at the time of its acceptance by the Town and a separate deed to areas reserved for the future development of streets.

2) A plan of said street or way shall be recorded in the Cumberland County

Registry of Deeds at the time of its acceptance.

3) A petition for the acceptance of said street or way shall be submitted to the Town Council upon a form to be prescribed by the Town Attorney. Said petition shall be accompanied by a plan, profile and cross section of said street or way as follows:

a) A plan when practical drawn to a scale of 40’ to 1”, or other suitable engineering

scale as approved by the Public Works Director or the Director’s designee, and be on one or more sheets of paper not exceeding 24 inches by 36 inches in size. Said plan shall show true and magnetic north, the location and ownership of all adjoining lots of land, passageways, easements, street lights and electric lines, boundary monuments, water ways, and natural drainage courses. Topography will be shown with a contour interval not to exceed two (2) feet, angles, bearings and radii necessary for the plotting of said street and lots necessary for their reproduction on the ground. No street will be accepted until one (1) set of reproducible and three (3) bound paper sets of project record “as built” drawings are provided to the Public Works Director. The plans and profile sheets should reflect design and actual locations and elevations of drainage and sanitary rims and inverts. Contours will be revised to show the finished conditions. Projects having a closed sewer system shall show building services and ties to their connection points and locations at the property lines. Record drawing will be sealed by the design engineer. As-built drawings shall include the following, as a minimum.

(i) The cover sheet as signed and approved by the Planning Board. (ii) All sheets, including detail sheets, as found in the approved project set. (iii) The registered subdivision plat.

1

b) A profile of said street or way drawn when practical to a horizontal scale of 40 feet

to 1 inch, and a vertical scale of 4 feet to 1 inch, or other suitable engineering scale as approved by the Public Works Director or the Director’s designee.

2

c) A typical cross section of said street or way drawn to a horizontal scale of 4 ft. to 1

inch and a vertical scale of 4 ft. to 1 inch.3




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d) The location and size of the constructed, in place, drain and sewer lines and roadway ditching in accordance with this Code.

1

e) All plans shall include the GPS coordinates.

2

4) Streets Offered for Acceptance

a) No street or way shall be placed on the Town Council’s

3 agenda until the Developers

Engineer has certified that the streets or ways were constructed in accordance with the specifications of the Town of Gorham’s Land Use and Development Code and in accordance with the plans approved by the Planning Board and that “Record Drawings” are accurate. No road may be placed on a Town Council

4 agenda until:

(i) The Public Works Director or the Director’s designee

5 has issued a final report

that the road is complete and meets the appropriate specifications of the Town’s Land Use and Development Code

6 and

(ii) The Planning Director, after consultation with the Public Works Director or the

Director’s designee, has determined in writing that there is no outstanding condition or restriction placed on the applicable subdivision plan or other Town-approved plan on which the proposed streets or ways have been proposed that have not yet been satisfactorily completed in accordance with the requirements of such plan.

7,8

b) Such report

9 shall include results of at least one (1) core sample from the base

course and may include more than one core sample for each road proposed for acceptance as a public way with the core sample and reports paid for by the applicant.

10

c) The owner shall warranty all public improvements for a period of one year from the date

of acceptance and post a maintenance guarantee per the subdivision ordinance. At the conclusion of the one-year warranty period, the owner shall request the Public Works Director or the Director’s designee to prepare a written report of inspection prior to the release of the improvement guarantee, per the requirements of Chapter III, Section IV, C., a, 2).

11

d) No street may be accepted unless the Town Council finds that acceptance is in the public

interest and for

(i) Residential subdivisions consisting of more than twenty (20) lots, no street may be accepted until certificates of occupancy have been issued for at least 50 % of the housing units on that street in the subdivision or,












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(ii) In the case of a street in a subdivision for which the Planning Board has formally granted approval for phased construction, until certificates of occupancy have been issued for 50% of the housing units on that street in the phase in question.

1

e) The surface pavement shall not be placed until the base paving has gone through one (1)

complete winter. The application of a tack coat and/or shim coat to the base may be required by the Public Works Director or the Director’s designee, when necessary, to insure appropriate bonding between base and final surface coats of pavement.

2

f) Notwithstanding the provisions of any other Section hereof, the Town may at any

time lay out and accept any street or way in the Town of Gorham, Maine, as a public street or way of said Town whenever the general public interest so requires. The cost of said street or way may be borne by said Town or may be borne by another party.

g) Notwithstanding paragraph c)above, a street may be accepted by the Town Council

prior to final paving, provided that 150% of the cost of completion, as estimated by the Public Works Director or the Director’s designee is deposited in a road improvement account with the Town. Any funds not used shall be returned to the developer upon completion.

3

5. Streets Offered for Acceptance but Not Accepted

The Planning Board shall require, as a condition of approval for any subdivision application that includes the creation of one or more streets, that the lot owners form a homeowners association by written agreement which shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of the subdivision streets(s) shall remain the responsibility of the homeowners association as provided under that agreement. This homeowners association agreement shall be in a form acceptable to the Town Attorney and, upon approval by the Planning Board of the subdivision, shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of subdivision approval by the Planning Board.

F. STREET DESIGN STANDARDS - PUBLIC WAYS

Any street or way proposed to be dedicated as a public street or way shall be previously constructed in accordance with the following specifications:

1) All streets shall be designed to conform with the public way standards presented in Table

1 and shown in Figures 1 through 8 unless otherwise agreed to and permitted in writing by the Planning Board. The Planning Board may require design modifications if it finds special provisions to be necessary to protect the public health and safety as a result of a specific development proposal.

2) Street construction materials and methods shall conform to the most current

specifications of the Maine Department of Transportation Standard Specifications for Highways and Bridges. The standards and dimensions contained in Table 2 shall be considered minimum.




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3) Standards and dimensions contained herein shall be considered as minimum and modifications may be recommended to the Planning Board by the Public Works Director or the Director’s designee

1 to meet specific site conditions.

4) Dead End Streets and Streets Providing Sole Vehicular Access.

a) Cul-de-sacs and dead end streets that provide the sole vehicular access to improved or improvable land shall be provided with a suitable turning circle or turnaround, as applicable, at the closed end.

(1) A hammerhead turnaround shall be constructed and paved to specified

street standards, whether temporary or permanent, for a distance of 50 feet from the roadway edge

2 at ninety degrees (90°) to the street it

serves.

(2) All turning circles shall be paved to specified street standards, and have the following minimum radii:

(a) Right-of-way 100' (b) Outer pavement edge 85' (c) Inner pavement edge 65'

(3) In those Zoning Districts where otherwise allowed by the District,

zoning frontage requirements may be reduced in the case of permanent turning circles, where no future road is either feasible or provided for on the plan.

(4) Temporary turning circles may be allowed where future road extensions

are planned if designed to allow discontinuance of the turning circle while not creating any lots with less than the required frontage for the zone in which located.

(5) Loop roads that provide the sole vehicular access to developable or

improved land shall meet the required centerline radii of 150' and minimum tangent distance between curves of 100' and shall be constructed and paved to specified street standards.

b) Dead end streets, paved private ways and streets except industrial, commercial,

or service streets that serve as the sole vehicular access shall not exceed in length a distance of fifteen hundred (1500) feet, as measured along the proposed street centerline, from the ROW line of the intersecting town way to the furthest centerline point of a turning circle or loop road or the terminus of the hammerhead, except that a road constructed after September 1, 2010 may be constructed to any length if all of the dwelling units on said street are to be serviced by a residential sprinkler system that meets the specifications of the Town of Gorham’s Sprinkler Ordinance for residential property.

3

(1) For purposes of determining road length, public road length and private road length will be added together to determine compliance with the maximum road length, even if they are separate and distinct roads.

4





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c) Median strips, esplanades, planters and other similar devices which serve to provide a divided street entrance to an approved subdivision or other development shall be no less than twenty (20') feet in width. Any modifications to the Planning Board approved location of landscape materials, signage and other fixtures shall be reviewed and approved in writing by the Town Planner and Public Works Director or the Director’s designee

1 prior to installation.

d) Two way access must be provided at separate entrance points at either end of a

loop road and both entrance points must be separated by a minimum distance of 400 feet or the road shall be considered a dead end road.

2

5) Sight Distance - Any intersecting street or road shall be so designed in profile and

grading to provide minimum sight distances measured in each direction. Measurement shall be from the driver's seat of a vehicle that is 10 feet behind the curb (or edge of shoulder) line with the height of eye three and one half (3 1/2) feet above the pavement and a height of object of four and one quarter (4 1/4)feet.

Allowable Speed Minimum Sight Distance * (miles per hour) (in feet) 25 250 30 300 Allowable Speed Minimum Sight Distance * (miles per hour) (in feet) 35 350 40 400 45 450 50 500 55 550

* Based on MDOT standards for low and medium volume drives. High volume streets and drives may require a greater sight distance as demonstrated necessary for safety purposes by the Public Works Director or the Director’s designee.

3

6) Driveways - Driveway placement shall be such that an exiting vehicle has an

unobstructed sight distance according to the above schedule. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classification.

7) Street Names - Streets which join or are in alignment with streets of abutting or

neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the municipality and shall be subject to the approval of the Town Planner, the Fire Chief and the Chief of Police in that regard.

8) Signs - The installation of street name signs and other traffic control signs shall be the

responsibility of the developer as directed by the Planning Board and in conformance with the requirements of the Department of Public Works. All signs shall be erected in conformance with the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).




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9) Curbs - Curbing shall be required wherever on-street parking is allowed or anticipated and where grades require that storm water drainage be channeled along the curb line to avoid shoulder erosion.

10) Utility Easements - The Planning Board shall require easements for sewers, storm

drains, public water supplies, other utilities and stream protection. Utility easements in general shall not be less than twenty feet in width and in specific cases may require increased width, as recommended by the Public Works Director or the Director’s designee.

1

11) Sidewalks

2 - Sidewalks shall be provided within all subdivisions in the Village Center,

Urban Commercial, Commercial Office, Office Residential, and Urban Residential Districts, and for all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements, with connection to the existing sidewalk network provided for the safety and convenience of the residents, per the standards in Table 1 and Figures 1, 2, 3 and 5. The sidewalk location in figures 1,2,3 and 5 is preferred; however, it may, at the discretion of the Planning Board, be positioned at curb line with zero esplanade. Sidewalks may also be required in subdivisions which abut any of the above Districts.

Sidewalks may also be required, for the safety and convenience of the public, by the Planning Board or Site Plan Review Committee for major and minor developments located along arterial and collector streets and which are within reasonable distance of the existing sidewalk network.

Sidewalks, when required, shall be a minimum of five (5) feet in width, unless site conditions dictate a different width.

12) On-Street Parking - In determining travel way width and layout, the Planning Board may

require on street parking in any District where the minimum street frontage is less than 200 feet.

13) Street Trees3 - One street tree shall be planted on both sides of a street for every fifty

(50) fee of street frontage within all subdivisions located within the Development Transfer Overlay District that conform to the overlay district requirements. The type and location of the trees shall be subject to Planning Board approval in accordance with the provisions of A. 6) of Chapter II. Section IV – Residential. The preferred location of the street trees is within the esplanade or immediately behind the sidewalk either within the street right-of-way or on the individual lots.

G. STREET CONSTRUCTION STANDARDS AND SPECIFICATIONS

1) Roadway construction materials standards shall conform to the current "State of Maine Department of Transportation Standard Specifications Highways and Bridges."

2) The Standards and Dimensions contained in Table 2 shall considered minimum.

3) An adequate storm drainage system, including appurtenances such as

manholes, catch basins, culverts, ditch lines, detention facilities, outlets, etc., 1 Amended March 4, 2008


148 11/2004


169 11/2004

shall be provided as specified by the Public Works Director or the Director’s designee

1 and approved by the Planning Board. Appropriate conveyances for

outlets to drainage systems must be provided. Minimum easement widths of 30 feet shall be required.

a) Drainage requirements shall be based on a 25 year 24-hour storm

frequency unless the Public Works Director or the Director’s designee2

specifies for cause that a larger storm be used for design purposes. b) Upstream drainage and development potential shall be considered for

each project.

c) Effects upon downstream drainage facilities and waterways shall be considered as required by the Public Works Director or the Director’s designee

3. Overloading downstream facilities shall not be permitted.

1

d) Open storm water shall not surface run more than 250 feet along any

street gutter. No storm water shall drain across a street or intersection.

e) Design standards for drainage systems shall be subject to review and approval of the Planning Board. Minimum pipe size for any storm drain pipe shall be 12 inches.

f) Where subsurface soil conditions warrant, an under drain system shall be installed and discharged in a positive drain.

4) Construction.

a) Engineering Work: All engineering work, including the setting of grade stakes necessary for the construction of the street and sidewalks, and storm sewers shall be performed by the developer at his or her expense.

b) Underground Utilities: Any sewers and appurtenances, drains, including house drains and catch basins which are to be built in the street or sidewalk, and all underground utilities and their respective services shall be constructed before any road material is placed.

c) Grading: All streets, roads, walks, etc. shall be graded to their full width by the Developer (Subdivider) so that pavements and sidewalks can be constructed on parallel profiles.

d) Preparation: Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush and other objectionable material and all trees not intended for preservation, as designated by the Public Works Director of the Director’s designee

4.

e) Cuts: Tree stumps and other organic materials shall be removed to a depth of 2 feet below the sub grade. Rock and boulders, when encountered, shall be removed to sub grade.



3 Amended March 4, 2008 4 Amended March 4, 2008

170 11/2004

f) Fill: All material used in the construction of embankments shall be of the quality to meet the standards for embankment construction, Sections 203.02 through 203.17 of the Maine Department of Transportation Standard Specifications, except that compaction shall not be less than 95% of maximum density (per ASTM D 1557 Mod.). Excess materials including organic materials, soft clays, wet and non-compactable materials, etc. shall be removed from the street site. The fill shall be spread in layers not to exceed 8 inches loose and then compacted. The filling of utility trenches and other places shall be mechanically tamped.

g) Side Slopes: All side slopes shall not exceed a slope of 3 horizontal to 1

vertical unless shown otherwise on typical cross sections in Figures 1 through 9.

h) Bases and Pavement: The appropriate sections of the Bases and Pavements Divisions of the Maine Department of Transportation Standard Specifications currently in effect at the date of submission of the preliminary plan shall be applicable to this section except as follows:

Bases

(1) Aggregate Sub-base Course - Gravel Aggregate Sub-base shall not contain particles of rock exceeding 4 inches in any dimension.

(2) Aggregate Base Course - Crushed Aggregate base shall not

contain particles of rock that will not pass the 1 1/2-inch square sieve.

Pavement

(1) Where pavement placed joins an existing pavement, the existing pavement shall be cut along a smooth line and to a neat, even, vertical joint. Broken or raveled edges will not be permitted, nor deviation from grade. A tack coat shall be applied to all joints prior to placement of new pavement.

(2) Bituminous Asphalt intended for placement as base or wearing

roadway course shall be an approved MDOT mix. Mix designs will be provided to the Public Works Director or the Director’s designee, for approval, prior to placement. Unless otherwise submitted and approved, Bituminous Asphalt Cement base and wearing course shall meet the following specifications

a) Surface: “C” mix or HMA 9.5 mm – dense graded b) Base: “B” mix or HMA 19.0 mm – dense graded

1

(3) Placement of bituminous pavement will be subject to calendar

and temperature limitation as specified in the MDOT Standard Specifications Section 401.06 Weather and Seasonal Limitations for b. Zone 2 or with the approval of the Public Works Director.

2



171 11/2004

(4) Core samples of the base pavement will be conducted at the direction of the Public Works Director or the Director’s designee and the cost of the coring will be paid for by the applicant.

1

(5) Where the average coring thickness of base pavement is less

than that specified in Table 2 (minimum standards and dimensions) the shortfall will be calculated and the resultant tonnage will be added to the specified wearing course depth in accordance to the correction table as follows:

BASE PAVEMENT CORRECTION TABLE

Average Coring Thickness Corrective Action

1 ¾ inch – 2 ½ inch (up to ¾ inch deficient) Calculated tonnage of pavement deficiency will be doubled and added to the specified overlay.

1 ¾ inches or less Additional “2 inch” lift of base pavement will be the standard corrective action. However, the Public Works Director may require additional corings (the number will be determined by the

Director of Public Works) which will be evaluated, by a MDOT certified lab, for gradation, % bitumen, and compaction at the applicant’s expense. After an analysis of results, the Town may require the initial base pavement to be removed and a new base pavement placed in accordance with appropriate specifications.

2

i) Curbing: The following curbing materials shall be allowed, subject to the

recommendation of the Public Works Director or the Director’s designee

3:

(1) Granite Curb - Type 1 (2) Precast Concrete Curb - Type 2 (3) Bituminous Curb - Type 3 (4) Cape Cod Berm

All curbing shall be done per Section 609 of the Maine Department of Transportation Standard Specifications, except as follows: (1) Granite curbing shall be provided at all street intersections with

radii less than 50 feet where curbing is proposed or required. All other areas with greater than 50 feet radii will be evaluated as site conditions dictate. A minimum reveal of 7" shall be required.

(2) Precast concrete curb, Type 2, shall be installed with a minimum

reveal of 7".

(3) Bituminous concrete curb, Type 3, a minimum reveal of six inches shall be required.




172 11/2004

(4) Cape Cod bituminous curbing may be utilized in lieu of other curbing when approved by the Public Works Director or the Director’s designee

1.

j) Sidewalks: Section 608 of the State of Maine Department of Standard

Specifications shall apply. Aggregate to build new sidewalks shall meet the requirements of Section 703.06(a) Aggregate Base and Subbase, Type B.

2

k) Driveways: All driveway aprons shall be paved with four (4) inches of bituminous concrete. The paved apron will extend from the edge of the existing roadway edge and will extend to the limit of the public right of way. Paved aprons will be a minimum of 12 feet in width having five (5) foot radii, minimum.

3

5) Storm Drain Construction Standards - The following material shall be utilized for

storm drain construction, except new material may be substituted with the approval of the Public Works Director or the Director’s designee.

4

a) Reinforced Concrete Pipe: Reinforced Concrete Pipe shall meet the

requirements of ASTM Designation C 76. Pipe classes shall be as required to meet soil and traffic loads with a factor of safety of 1.2 on the .01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443-70, or of an approved performed plastic jointing material such as "Ramnek".

b) Polyvinyl Chloride: PVC Gravity Sewer pipe shall meet the

requirements of ASTM Designations D-3-34-73-SDR35.

c) Corrugated Polyethylene Pipe: Corrugated Polyethylene Pipe shall meet the requirements of ASTMF405 and ASTMF667.

d) Under drain Pipe: Under drain Pipe may be Polyvinyl Chloride or

Corrugated Polyethylene meeting similar requirements to that of standard drain pipe.

e) Bituminous Coated Corrugated Metal Pipe - Type II Aluminum:

Bituminous Coated Corrugated Metal Pipe shall meet the requirements of AASHTO M 190.

f) Drain Manholes: Manholes shall be of precast concrete section construction. Precast sections shall meet the requirements of ASTM Designation C-478. Cones shall be truncated. Castings shall be of cast iron meeting Sanitary District standards for sewer construction. Brick inverts shall be shaped to the crown of the pipe for sizes up to 18 inches, and to spring line for larger pipes.

g) Catch Basins: Catch Basins shall be of precast concrete construction.

Castings shall be square cast iron as required for the particular inlet condition with the grates set perpendicular to the curb line. All catch basins shall be provided with a Type I curb face inlet.





173 11/2004

h) Sanitary Sewers: Sanitary sewers shall be required per the Town of Gorham Wastewater Ordinance and be designed and constructed to the requirements of the Superintendent of Sewers and the Portland Water District.

6) General Construction Requirements.

a) Trenching - All trenching shall be accomplished in accordance with all

appropriate state and federal safety requirements.

b) Minimum trench width at the pipe crown shall be the outside diameter of the pipe, plus 2 feet.

c) Pipe shall be bedded in a granular material with a minimum depth of 6

inches below the bottom of the pipe and extending to 6 inches above the top of the pipe. When water is present in the trench, pipe shall be bedded in crushed stone.

d) Drain alignment shall be straight in both horizontal and vertical

alignment unless specific approval of a curvi-linear drain is obtained in writing from the Public Works Director or the Director’s designee

1.

e) Manholes or catch basins shall be provided at all changes in vertical or

horizontal alignments, and at all junctions. Except in the case of individual house services, pipe to pipe connections are not allowed. On straight runs, manholes or catch basins shall be placed at a maximum of 300-foot intervals.

2

f) Catch basin leads shall enter the drainage system at manholes only. The difference in elevation between the inverts of the lead and the main drain shall not exceed 12 inches.

g) All drain outlets shall be rip rapped to prevent erosion. Facilities for

energy dissipation shall be provided.

h) Under drains shall be laid with perforation down with a backfill consisting of graded concrete sand.

7) Monumentation - The right-of-way lines of streets to be accepted shall be

marked with granite monuments sufficient to reproduce the right-of-way; or where ledge is present, iron pins may be installed with the prior approval of the Public Works Director or the Director’s designee

3.

a) Granite monuments or concrete monuments shall be 5 inches square

and shall be 4 feet long minimum, with a flat top set at all street corners and at all points where the street line intersects the exterior of the subdivisions and at angle points and points of curve in each street. The top of the monument be drilled with washer and spike set so that it may be located by a metal detector. Monuments and shall be set flush with the finished grade on lawns and be raised 6 inches in wooded or undeveloped areas.

4





174 11/2004

b) All other lot corners shall be marked with iron pipe or rod not less than 3/4 inches in diameter and 36 inches long set flush with the finished grade.

8) Storm water Drainage System Plans - All storm water drainage designs shall be

prepared by professional engineer registered in the State of Maine. Plans shall show the plan profile, cross sections and details of appurtenances. No construction shall be permitted until the Public Works Director or the Director’s designee has reviewed and approved the proposed storm water drainage plans. The developer is responsible for obtaining all other permits and approvals which are required prior to construction. Upon completion of construction and prior to acceptance of any street, a final set of reproducible record drawings and 3 sets of paper “as built” record drawings of the Storm Water Draining System Plans will be incorporated into the project drawing and a final set of as-built prints shall be delivered to the Public Works Director or the Director’s designee.

1

9) Public Water Supply and Fire Protection - When required by Chapter II, Section

IX2, a water main of at least 8 inches in diameter must be installed for the use of

buildings, residents and occupants of the street to be accepted. The Chief of the Gorham Fire Department must certify in writing that the installed water main will provide adequate fire protection. It shall be the policy of the Town to require installation of fire hydrants as may be deemed necessary for fire protection with the installation of the water main.

H. STANDARDS FOR PRIVATE WAYS

The Planning Board may approve the use of private ways to provide access to individual lots of land provided that the following conditions are met:

1) Each lot having access from an approved private way may be improved with no more than two dwelling units and related accessory buildings and uses.

2) A plan showing the private way shall be prepared by a registered land

surveyor. The plan shall be drawn in permanent ink on permanent transparency material and shall be sealed by the registered professional engineer preparing the plan. The plan shall be labeled "Plan of a Private Way" and shall provide an approval block for the signatures of a legal majority of the Planning Board, the date of approval, and the words, "Private Way, Approved by the Town of Gorham Planning Board". The plan shall show information sufficient to establish on the ground the exact location, direction, width and length of the private way. In addition, a street plan, profile and cross section prepared in accordance with Chapter II, Section V., E., 3 shall be submitted for each private way. The plan shall also contain a note which shall read, "The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public way ” The original plan(s) shall be recorded in the Cumberland County Registry of Deeds within 30 days of signing by the Planning Board. If the plan is not recorded within this period, the approval of the Planning Board shall be void.

3) If a private way provides access to 2 or more lots, a maintenance

agreement shall be prepared for the lots accessed by any private way.



175 11/2004

This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way. This agreement shall also specify that the Town of Gorham shall not be responsible for the maintenance, plowing or repair of the private way. This agreement, upon approval by the Planning Board, shall be recorded in the Cumberland County Registry of Deeds within 30 days of approval by the Planning Board.

4) Private ways shall have a minimum right-of-way width of 50 feet and a

paved apron 20 feet in length commencing at the existing edge of pavement where it intersects with the private way.

The paved apron shall be constructed to the following standards: a) 9” of MDOT Spec. 703.06 Type E; b) 12” of base gravel MDOT Spec. 703.06 Type D; c) 3" of 1 1/2” crushed gravel, Type A or reclaimed; d) a minimum of 4" of paved surface, or greater as specified by the Town

Engineer; e) a negative 2.0% grade from the existing edge of pavement to an

appropriate drainage way, but in no case less than 5 feet from the travel surface of the public way it intersects;

f) approach radius shall be specified by the Town Engineer. 5) Private ways shall be designed to conform with the standards presented

in Tables 1 and 2 and the typical cross sections depicted in Figures 9 and 10.

6) Private ways while under construction may be monitored and inspected

by the Town Engineer, or a representative designated by the Town Manager or at the Towns option, a registered professional engineer hired by the Town at the developers expense per the requirements of Chapter II, Section V, Subsection I. Notwithstanding the above, prior to the issuance of occupancy permits for any of the lots served by the private way, the Developers Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with this section and the approved Private Way Plan.

1

7) To help recover costs incurred by the Town in the review, administration,

site inspection, and public notice associated with the private way application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the private way application:

a) Publishing and public notice fee; b) Application

2 fee; and

c) Independent consulting and peer review escrow account to be




176 11/2004

All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If a private way application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger fee amount exclusive of escrow deposit.

8) Notwithstanding other provisions of the Code to the contrary, no gravel surfaced

private way shall provide access to or serve in any way to provide compliance with the requirements of the Code for more than the greater of six lots or six dwelling units; provided; however, nothing in this paragraph 8) shall serve to limit the use of such private way for occasional use by and for agricultural purposes.

1

9) The land area of the private way may not be used to satisfy the minimum lot

area requirements for any lot (whether the lot(s) to be served or any front lot over which the private way runs).

2 3

I. SUBDIVISION, PRIVATE WAY AND SITE CONSTRUCTION MONITORING OF PUBLIC IMPROVEMENTS

1) Grading or construction of roads, grading of land or lots, or construction of buildings which require a final plan as provided in Chapters II, III, or IV of this code is prohibited, until

4

a) the final plan has been duly prepared, submitted, reviewed, approved and endorsed;

b) the original copy of the final plan so approved and endorsed by the Planning Board is duly recorded in the Cumberland County Registry of Deeds;

c) the Town’s engineer has evaluated and verified the estimated costs of improvements;

d) an escrow account for field inspection and compliance work equivalent to two and one-half percent (2.5%) of the estimated cost of improvements is established with the Town Planner by the Developer to guarantee payment in advance of actual fees assessed pursuant to this Section; and

e) a performance guarantee in the form of a bond, letter of credit, irrevocable letter of credit, and such equivalent to the estimated cost of improvements is evaluated and accepted by the Town Manager.

2) If the balance in the escrow account is drawn down by seventy-five percent

(75%), the Developer is required to place an additional amount in escrow to cover the remaining inspection and compliance work. Such monitoring will not in any way hold the Town liable for quality of improvement(s). All grades, materials, engineering and construction techniques are the responsibility of the Developer.

5

3) Any excess amount deposited with the Town in advance will be promptly

refunded when it is determined that the work has been completed to the satisfaction of the Town after receipt of as-built record drawings.

6

1Amended May 4, 1999


3Amended June 3, 1997




177 11/2004

4) If the Town’s Engineer finds1, upon inspection of the improvements performed

before expiration date of the performance guarantee or bond, that any of the required improvements have not been constructed in accordance of plans and specifications filed by the developer, he shall so report to the Town Manager. The Town Manager shall then notify the developer and, if necessary, the bonding company or other financial institution providing the performance guarantee, and take all necessary steps to preserve the Towns rights under the bond or guarantee. The Town shall issue no Certificate of Occupancy for the project until (1) all monitoring fees are paid in full, (2) all required improvements have been constructed in substantial accordance with the approved plans and specifications, except as expressly authorized to the contrary by the Planning Board and the developer has submitted an accurate set of “as built” record drawings that include all improvements constructed to date.

2

Prior to issuing the final certificate of occupancy, the Developer must submit

an accurate final set of “as built” record drawings that include:3

a. public and private roads and sidewalks; b. all utilities, including but not limited to, water systems, sewer systems,

and electrical systems; c. all fire ponds; d. all drainage structures; and e. any work items designated by the Planning Board as a public or quasi-

public improvement.4

5) If at any time before or during the construction of the required improvements the

developer demonstrates to the satisfaction of the Town’s Engineer5 that

unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town’s Engineer

6 may authorize

modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval, that they do not materially affect the criteria and standards employed by the Planning Board during its review, and that they do not substantially alter the function of any public improvements required by the Board. The Town’s Engineer

7 shall issue any authorization under this provision

in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.








178 11/2004

SECTION VI - SEASONAL AND RECREATIONAL A. CAMPGROUNDS AND TRAILER PARKS

1) Land Area. A campground may not be constructed on less than 5 acres of land.

2) Tent Site Area. Each area proposed for a tent site or parking space for a

travel trailer, pick-up camper, motorized camper, or tent trailer must contain at least 2,500 square feet.

3) Fireplace. Each tent site must be provided with a masonry or metal

fireplace approved by the Director of Public Works.

4) Site Plan. An applicant for a campground permit must furnish specific information concerning the campground including site plan illustrating the location and design of the proposed sewage disposal and water supply systems, the means of fire fighting, and the type and location of roads proposed within the campground.

5) State Law. In all other regards, the applicant shall observe the provisions of

State Law governing campgrounds.

6) License and Permit. The licensing and permit issuance and requirements shall be the same as thee regulations pertaining to mobile home parks licensing in the Mobile Home Park Ordinance.

179 11/2004

SECTION VII - INSTALLATION OF MANUFACTURED HOUSING UNITS

The following standards shall apply to the installation of any manufactured housing unit on a residential lot and shall be met prior to the issuance of an occupancy permit for the occupancy of the unit. The Code Enforcement Officer may approve the delay of the landscaping until the growing season for units occupied between November and May.

1) The wheels, axles, detachable transporter unit and tongue shall be removed and the unit shall

be placed on a permanent foundation. 2) The foundation shall comply with the requirements of the Town's Building Code for residential

structures. At a minimum the foundation shall consist of a frost wall extending a minimum of four feet below the finished grade. The frost wall shall be a solid or mortared masonry wall completely surrounding the perimeter of the unit and having a bulkhead, two opening windows and a 3-inch concrete floor. The minimum distance between the bottom of the floor joist and the top of the concrete floor shall be at least three (3) feet.

3) The exterior plumbing shall comply with the Maine State Plumbing Code. 4) The exterior electrical connections shall comply with the National Electrical Code. 5) The unit shall be sited on the lot so that the acute angle between an imaginary line running

parallel to the short axis of the unit and the front property line of the lot for the chord connecting the two points where the side lot lines meet the front line if the front property line is curved) is not less than 30 degrees. This requirement shall not apply if the width of the front building face is more than 24 feet. The width of the front building face shall include the width of the manufactured housing unit plus the width of any permanent addition which meets the following criteria.

a) The addition is of a similar architectural design and constructed of similar materials

as the manufactured housing unit. b) The addition is permanently attached to the unit to create one integral structure. c) Any living space addition to a manufactured housing unit shall be placed on a

foundation similar to the original unit. Any addition other than living space shall have frost wall protection.

6) All disturbed areas of the site, not otherwise revegitated, shall be loamed with a minimum of 4

inches of loam, fertilized and seeded. 7) All exterior doors shall be provided with steps of a suitable design and construction to provide

all-season access.

SECTION VIII - BED AND BREAKFAST FACILITIES (INCLUSIVE OF BED AND BREAKFAST, BED AND BREAKFAST ESTABLISHMENT WITH AND WITHOUT PUBLIC DINING FACILIITIES, AND INN)

1

The purpose of this ordinance is to provide opportunity for the entrepreneurial use of existing homes and buildings in Gorham for the purpose of Bed and Breakfast facilities with and without provision for public dining facilities that can be used by other than overnight paying guests of the Bed and Breakfast Establishment. In addition it is the purpose of this ordinance to maintain the existing character of the neighborhood in which a Bed and Breakfast is located. To this end definitions of Bed and Breakfasts,


180 11/2004

Bed and Breakfast Establishments, Bed and Breakfast Establishments with public dining as an accessory use and Inn have been added to the Gorham Land Use and Development Code Definition Section. Any facility offering overnight accommodations and/or public dining falling outside of the definitions and the limitations of the following performance standards are not governed by this section. In addition to the performance standards contained in Chapter II of this Code, the following requirements shall be placed on Bed and Breakfasts and their accessory public dining uses:

1) Parking Requirements- See Chapter II, Section II- A. Off-Street Parking Standards, 2. 2) No building used as a Bed and Breakfast, Bed and Breakfast Establishment, with or without Public

Dining as an accessory use, or Inn shall be expanded by more than 25% in volume or square footage of the building footprint over the lifetime of the building except by Planning Board review to include a peer review by an architect experienced in renovation and expansion of historical and older buildings. Any building expansion of 25% or less in volume or square footage of the building footprint shall be reviewed by the Code Enforcement Officer, who shall determine that it is architecturally consistent with the existing building and neighborhood, and shall also be subject to review by a local Architectural Review Board, from the time such a Board has been established.

3) No new Bed and Breakfast, Bed and Breakfast Establishment, with or without Public Dining as an

accessory use, or Inn shall be established in a building constructed after the passage of this ordinance (August 4, 2009) in the Urban Residential, Suburban Residential and Rural Districts

Any new building constructed in the Office-Residential District, for use as a Bed and Breakfast Establishment must be architecturally consistent with the surrounding structures as determined by architectural peer review (or an Architectural board when established). Any building constructed in the Village Centers or Urban Commercial districts for use as a Bed and Breakfast Establishment or Inn must meet the Village Center Standards. In those districts which allow retail, motels and/or rooming houses as permitted uses, the restriction on Bed and Breakfast Establishments or Inns to buildings constructed prior to the passage of this ordinance shall not apply.

4) Additional performance standards applicable to Bed and Breakfast Establishments with Public

Dining as an accessory use and to Inns., with the exception of those which are located within the Roadside Commercial, Commercial Office or Narragansett Development Districts.

a. The maximum number of persons dining at the establishment is limited to five times the

number of overnight guest rooms, subject to applicable building and fire code restrictions. (For example, an establishment with 9 guest rooms would be allowed to have 45 persons in the dining facility at any one time, under this accessory use). This use is considered a commercial use.

b. Hours of Operation- Public dining hours of operation shall be limited to the hours between

7:00 AM and 10:00 PM in Residential Districts with the last seating commencing no later than 9:00pm. Outdoor dining is restricted to daylight hours.

5) Adequate visual buffering shall be provided between adjacent uses where there is a transition from

one type of use to another use. At a minimum fencing, landscaping, or natural features shall be used to visually screen service, storage, and parking areas from adjacent properties and public rights-of-ways. The buffering must be effective upon installation.

6) Exterior lighting shall be designed to provide only the minimum lighting necessary to ensure

adequate vision, safety, and comfort in parking and service areas and to not cause glare beyond the limits of the property boundaries. Lighting shall also conform to the Village Center Performance Standards, Chapter I, ZONING REGULATIONS, SECTION IX, VILLAGE CENTER DISTRICT, Subsection 2, E., Performance Standards, 13. Lighting.

181 11/2004

7) No portion of exterior stairs or fire escapes shall be located on the front wall of the building facing the primary street;

8) Additional performance standards applicable to Inns:

a) Inns in developed areas shall retain and respect the existing streetscape and character of the neighborhood. This shall include the size and massing of structures, the relationship of buildings to the street and the use and treatment of front yard areas;

b) A buffer shall be established between the inn and any abutting single-family or two-

family dwellings. The buffering shall be sufficient to minimize any kind of potential nuisance, such as, but not limited to, headlights, noise, storage areas or waste collection and disposal areas. The buffering shall consist of landscaping, fencing, grading or a combination of features. The buffering must be effective upon installation;

c) All off-street parking and lighting must be adequately screened from view of public ways

and from adjacent lots by buildings, topography, fencing or landscaping of reasonable opacity and at least four (4) feet high. Screening must be effective upon installation; and

d) Accommodations for live-in staff are permitted and not included in guest room totals.

SECTION IX - INDEPENDENT CONSULTING AND PEER REVIEW FEES

A. Notwithstanding any other ordinance provision to the contrary and in addition to such fees as are otherwise specified by this Code, the Town shall assess fees to cover 100 percent of its costs related to independent geotechnical, hydrologic, engineering, planning, legal, and similar professional consulting services. Such fees shall be subject to the following limitations:

1) Such fees shall be expressly provided by ordinance;

2) Such consultation shall be limited to reasonable and necessary review, as allowed by

the pertinent ordinance, that exceeds the expertise of Town staff or their ability to review the application materials within the time limits otherwise required by law.

3) Such fees shall be assessed only to recover costs directly associated with review of

the application submitted by the applicant to whom they are assessed;

4) Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review;

5) The results of the consultation for which such fees are assessed shall be available for

public review, but such results shall be deemed to have been made solely for the benefit of the Town of Gorham and shall remain its property; and

6) Such fees shall be assessed for the privilege of review and shall be payable without

regard to consultation results or the outcome of the application.

B. An escrow account shall be established with the Town by the applicant to guarantee payment in advance of actual fees for peer review

1 pursuant to this Section. The original deposit shall

be an amount specific to the application, as accorded elsewhere in this Code. It is the duty of the Town Planner

2 to notify the applicant and require that an additional amount be deposited

whenever the balance of the account is drawn down by 75 percent of the original deposit.

1 Amended December 1, 2009 2 Amended December 1, 2009

182 11/2004

Any excess amount deposited with the Town in advance will1 be promptly refunded to the

applicant after receipt of as-built record drawings.2

C. Prior to the issuance of a building permit or certificate of occupancy by the Code Enforcement

Officer, all fees assessed hereunder must be paid in full.3

SECTION X – THE PROVISION OF PUBLIC WATER SUPPLY

4

It is the policy of the Town of Gorham to require the extension of the public water supply system to serve new development to the extent that such extensions are feasible and economically viable. The provisions of this section identify when public water supply must be used and/or the public water system extended to serve the use of land or development activity.

A. Required Provision of Public Water Supply

Unless exempted by the Planning Board in accordance with D. below, any new principal building for nonresidential use for which a building permit is issued after November 10, 2004, or any new principal building in a subdivision that was approved after November 10, 2004 and that had not had substantive Planning Board review as of November 10, 2004, , shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:

1. The Urban Residential District 2. The Village Centers District 3. The Urban Commercial District 4. The Office Residential District 5. The Narragansett Development District 6. The Black Brook and Brackett Road Special Protection District

B. Conditional Provision of Public Water Supply

Unless exempted by the Planning Board in accordance with D. below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after November 10, 2004, that has a design sewage flow based upon the Maine State Plumbing Code of more than two thousand (2000) gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or town ordinances, or any subdivision approved after November 10, 2004 and that had not had substantive Planning Board review as of November 10, 2004, that will allow for the construction of six (6) or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water system, if the parcel upon which the development is located is within three thousand (3000) feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:

1. The Suburban Residential District 2. The Roadside Commercial District

3. The Commercial-Office District 4. The Industrial District

5. The Rural District C. Provision for the Orderly Extension of the Public Water System

1 Amended December 1, 2009 2 Amended December 1, 2009 3 Amended December 1, 2009 4 Section added November 9, 2004

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The Planning Board may require that a subdivision or a building subject to site plan review but not covered by A. or B. above, extend and/or utilize public water supply provided by the Portland Water District if the Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town’s adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in subsection E..

D. Exemption from Public Water Supply Requirements The Planning Board shall, by formal vote, exempt a development from the requirement to extend and/or use public water supply if it finds that any one of the following conditions is met:

1. That the Portland Water District has certified, in writing, that the District’s water system

cannot provide adequate service for the project including provisions for fire protection sprinkler systems without a major investment in the District’s facilities that the District is not prepared to make in a timely fashion, or

2. That the cost of providing public water service for the project is unreasonable given the

anticipated benefit. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the Public Water Cost Per Unit (PWCU) exceeds the Maximum Private Water Cost Per Unit (MPWCU) based upon the methodology set forth in subsection E. The cost for providing public water service for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost is more than twice the cost of an equivalent private water supply system including provisions for fire protection water supplies based upon the methodology set forth in subsection E, or

3. That the special provisions for utilizing private ground water supply in the Black Brook

and Brackett Road Special Protection District will be met. E. Determination of Unreasonable Cost

If a property owner or developer requests an exemption from the requirement to provide public water supply based upon the cost of providing public water supply, he/she shall submit an analysis of the estimated cost of providing public water service versus the cost of providing private water supplies. The analysis shall be based upon the proposed development scenario as if the entire lot or parcel will be developed/subdivided and there is no potential for future additional development. The Planning Board may require that the analysis be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and town regulations. If only a portion of the lot or parcel is being proposed to be developed/subdivided, the analysis shall be based upon a full build-out scenario for the parcel that assumes that the entire parcel will be developed and that the area not currently proposed for development will be developed based upon the allowed zoning density with public water and cluster development, if appropriate, taking into consideration site constraints and town regulations. The development scenario shall be submitted to the Town Planner and shall be subject to the Planner’s and Planning Board’s approval as a reasonable development scenario for the parcel.

1. Residential Developments -- The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the Public Water Cost Per Unit (PWCU) exceeds the Maximum Private Water Cost Per Unit (MPWCU) based upon the following methodology:

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Step1. Determine the PUBLIC WATER COST PER UNIT (PWCU) based upon the following formula:

PWCU = (((((SL X $75) + (NL X $40))/UN) + $1,425) X CCIF) + (((LDG) X CCIF) + EX)/UN) Where: SL = the lineal feet of new water main in an existing street, NL = the lineal feet of new water main in a proposed street or right-of- way, UN = the number of units in the development to be served, CCIF = Construction Cost Inflation Factor LDG = the estimated current cost for ledge trench at $20 per lineal foot times the estimated number of feet of ledge trench or other estimate of ledge removal cost approved by the Planning Board based upon field knowledge/documentation provided by the applicant EX = the estimated current cost for any extraordinary costs for the water service such as bridge crossings

and $75 is the typical cost per foot for a water main in an existing street, $40 is the typical cost per foot for a water main in a new street or right-of-way, and $1,425 is the typical average cost for a house service, and CCIF = ENR CCI Current/ENR CCI 5-04 where ENR CCI Current is the ENR Construction Cost Index for the month in which the calculation is made as published in ENR (Engineering News-Record) magazine and ENR CCI 5-04 is the ENR Construction Cost Index for May 2004

Step 2. Determine the MAXIMUM PRIVATE WATER COST PER UNIT (MPWCU) based upon the following formula

MPWCU = (($5,500 X 2) + $5,000) X 1.1)X CCIF

Where: CCIF = Construction Cost Inflation Factor, and $5,500 is the typical developer cost for a well and $5000 is the typical cost for residential sprinkler system.

Step 3. Compare the calculated PWCU to the calculated MPWCU to determine if providing public water supply is reasonable.

2. Non-Residential Developments -- The cost for providing public water service for a non-residential use or subdivision shall be deemed to be unreasonable if the estimated cost for the public water supply is more than twice the cost of an equivalent private water supply system including provisions for fire protection water supplies. The analysis shall be prepared by a Maine licensed professional engineer based upon documented construction costs and reviewed and approved by the Portland Water District unless this requirement is waived by the Planning Board based upon the scale or nature of the development. The cost for supplying public water shall include the estimated cost of any water main extensions and required upgrades to existing facilities as well as the cost for providing local water mains and services within the project and shall be reduced by any cost sharing by the Water District, any impact fee revenues available to fund the project, and any other potential sources of outside funding. In evaluating the reasonableness of providing public water service, the Planning Board shall consider the potential for cost sharing with any approved developments or any projects for which a pre-application or application has been filed. The cost for private water supplies shall include the cost for the private supplies, services, and any provisions for fire protection required by this

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Code or the fire protection or building codes.

F. Responsibility and Standards for Extensions of the System If a parcel or lot proposed for development or subdivision is required to be connected to, and utilize, the public water system, and a public water main is not available adjacent to the parcel or lot to provide the service, the owner or developer of the parcel or lot shall be responsible for extending a public water main within an adjacent public street or other public right-of-way approved by the Town Council to provide water service to the proposed building or subdivision at his/her cost. The extension shall be designed by a Maine licensed Professional Engineer, shall meet the design and construction standards of the Portland Water District, shall be constructed at the property owner’s or developer’s expense, shall be inspected in accordance with the requirements of the Water District, and shall be transferred to the Portland Water District upon completion. Any water main extension undertaken to comply with the requirements of this section shall include the installation of fire hydrants in accordance with the standards of the Gorham Fire Department and fire protection codes.

G. Town Council Waiver of Public Water Supply Requirements The Town Council may waive the requirement for the use or extension of the public water system if the Council finds that: 1) the cost of providing public water will be an economic hardship for the property owner when compared to the benefits of such an extension, and 2) that the granting of such a waiver shall not adversely impact the orderly extension of the public water supply system nor create unnecessary fire protection risks for the property owner or adjacent properties. A request for a waiver of the public water supply requirement shall be made in writing to the Town Manager within thirty (30) days of the Planning Board’s determination that public water shall be used/extended and prior to the approval of the final plan by the Planning Board. The request shall set forth the specific hardship that will result from compliance with the requirement. In granting a waiver, the Town Council may impose conditions relative to the future use and development of the property or the provision of private fire protection water supplies. If a waiver is granted, any conditions imposed by the Council shall become conditions of approval of the plan if the plan is approved by the Planning Board and the conditions shall be listed on the approved plan.

H. Areas Subject to Impact Fees

Where the extension of public water service has occurred or will occur prior to the approval of the development by the Planning Board, the applicant shall substitute the water supply portion of the impact fee per unit for the cost per unit of the water main extension covered by the impact fee in calculations under this Section. The owner or developer will remain responsible for the payment of the public water impact fee as well as being subject to any applicable requirements of this Section.

SECTION XI - FIRE PROTECTION WATER SUPPLY A. Purpose. The purpose of this Section is to establish standards for the installation of fire

protection water supplies in residential subdivisions where a public water system and hydrants are not available.

B. Applicability. This Section applies to all applications for new residential subdivisions and for

the expansion of existing or already approved residential subdivisions.

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C. Standards. Where a public water system and hydrants are not available for fire protection, a developer shall install a fire protection water supply that meets the following standards:

1) Except as otherwise provided in Subsection C(6) of this Section, the fire protection

water supply shall include a fire pond which shall be designed with 2:1 pitched bankings and shall have a minimum depth of ten feet (10').

2) The fire pond shall contain a minimum of 120,000 gallons of water in storage as

certified by a registered professional engineer, for the purpose of supplying the fire flow requirements of 500 gallons per minute for the duration of two (2) hours, with the additional amount being a safety margin for dry weather and additional fires.

This water storage level shall be maintained at all times by a spring, well point,

pumping facility and rain and snow run-off. An overflow system shall be installed with proper drainage materials and facilities to

handle the projected overflow. 3) The fire protection water supply shall include dry hydrants and associated piping and

materials, which shall be installed in accordance with the illustration attached hereto as Figure 1 and the provisions of paragraph 5.

4) In cases where the dry hydrant cannot be placed next to a Town accepted street, an

access road to the dry hydrant shall be provided to allow a fire department pumper to be capable of connecting to the dry hydrant connection with one (1) ten foot (10') length of hard suction hose.

The access road shall be a mini D of twelve feet (12') wide and capable of handling

fire department apparatus in all seasons and weather conditions. The access road shall be approved as meeting these requirements by the Town Engineer, and the developer shall, prior to final subdivision approval, provide an executed easement deed to this access road to the Town in a form approved by the Town Attorney. The access road shall be posted "No Parking Fire Lane".

5) Dry hydrants shall be installed in accordance with the following standards: a) A minimum of eight inch (8") piping and fittings shall be utilized from the

screen to the 90 degree elbow. b) Piping and fittings shall be a minimum of schedule 40 rating. The streamer

hose connection shall be bronze with a 4 1/2 inch National Standard Thread (NST).

c) The riser piping and 90 degree elbows shall be schedule 40 steel. d) The piping from the suction screen to the 90 degree elbow below ground

shall be schedule 40 PVC pipe capped off at the screen end. e) All pipe connections shall be cleaned and cemented so as to provide air tight

connections. f) The 90 degree elbow below ground shall have six feet (6') of cover from

finished grade. g) The maximum amount of lift permitted shall be fifteen feet (15') as

measured from the surface of the water to the center of the suction inlet of a pumper at draft at the dry hydrant.

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h) The riser piping shall be exposed above grade level twenty-four inches (24")

as measured from the center of the hydrant opening to the grade level of the fire apparatus position.

i) A suction screen shall be formed in the end of the PVC pipe by drilling a

minimum of nine hundred and sixty (960) 3/8" holes along the piping leaving a four inch (4") wide strip along the top of the pipe that is not drilled. The section screen shall be raised off the bottom of any Fire Pond twenty-four inches (24"), and shall be twenty-four inches (24") away from any of the sides of the pond.

j) All piping and fittings exposed to sunlight shall be primed and painted with

fluorescent orange reflective paint, except the threads of the streamer connection.

k) The hydrant riser pipe shall be protected with four inch (4") in diameter steel

pumper posts that are at least three feet (3') above grade. l) The area around the pond and where the piping has been installed shall be

graded and seeded. m) Fencing is optional; however, if a fence is provided it shall have a gate

access point and a lock box shall be installed holding the keys for the gate. n) The maximum distance from the dry hydrant to any dwelling with the project

shall be two thousand feet (2,000') 6) Storage tanks. In cases where a pond cannot be supported, the developers shall

install underground storage tanks, the size and number of which shall be determined by the Fire Chief; proof shall be supplied by the developer that the property to be developed will not support a fire pond before the developer will be allowed to substitute underground storage tanks for a fire pond.

D. Easement Deed. The developer shall, prior to final subdivision approval, provide an

executed dry hydrant easement deed to the Town in a form approved by the Town Attorney to provide the Town of Gorham with the right to enter onto the property to use, maintain, repair, replace and install the fire pond or underground storage tanks, dry hydrant, water lines and all necessary fixtures and appurtenances.

E. Plan. A detailed plan of the fire pond or underground storage tanks, hydrant, piping, overflow

and roadway shall be submitted to the Fire Chief and Town Engineer and to the Planning Board as part of the Preliminary Plan submission in Chapter III, Section III B(17) of this Code. The Fire Chief and Town Engineer shall review the plan and make their recommendations in writing to the Planning Board.

F. Inspection. The fire protection water supply with dry hydrant shall be installed by the

developer in accordance with these standards and no certificate of occupancy for any dwelling in the subdivision shall be issued unless and until the fire protection water supply and dry hydrant are tested and approved as being in working order by the Fire Chief or his designee and the Town Engineer.

G. The requirement of Compliance with this ordinance shall not apply if the developer, as a

written condition of subdivision approval, agrees to install a sprinkler system in each and every dwelling in accordance with the Town's Sprinkler Ordinance.

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CHAPTER III: SUBDIVISION SECTION I - AUTHORITY AND ADMINISTRATION Purpose Authority Administration Enforcement Fines and Penalties Variation Conflict with Other Ordinances Appeals Severability SECTION II - PRE-APPLICATION Conference SECTION III - PRELIMINARY PLAN Application Requirements Preliminary Plan Review SECTION IV - FINAL PLAN Application Requirements Improvement Guarantee Final Plan Review

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CHAPTER III SUBDIVISION SECTION I - AUTHORITY AND ADMINISTRATION A. PURPOSE The purpose of this chapter of the Land Use and Development Code is to provide uniform

procedures and standards for observance by the Planning Board, other Officers of the Town, and developers in regulating new subdivisions in the Town of Gorham.

B. AUTHORITY In accordance with the provisions of Maine Revised Statutes, the following regulations

governing the development of the Town are adopted by the Town of Gorham. C. ADMINISTRATION 1) The Gorham Planning Board, hereinafter called the Planning Board, shall administer

this chapter. 2) Whenever a subdivision of three (3) or more lots is proposed for a parcel or

assembly of parcels of land, and before any contract or offer for the conveyance of the proposed development or any portion thereof shall have been made, and before any plat of subdivision into three or more lots shall 'nave been recorded by the registry of deeds, and before any permit for the erection of a structure within such development shall be issued, and before any improvements, including the installation of roads or utilities, shall be undertaken, and before the sale of a third lot shall have been made from a parcel for which a subdivision plat has not been approved, the developer or his authorized agent shall obtain the endorsement of the Planning Board for Final Approval of such development. All developments shall be executed in strict conformance with approved plans.

3) As to any intended development, the developer or his authorized agent shall prepare

and formally submit to the Planning Board both a Preliminary Plan for study, and modification where required, and a Final Plan, the Final Plan shall not be submitted until the developer has received from the Planning Board written notice that a legal majority of the Planning Board has approved the Preliminary Plan. These requirements may be waived by the Planning Board in accordance with Subsection F following.

4) Abutting property owners shall be notified by mail of a pending application for

subdivision review. This notice shall indicate the time, date, and place of Planning Board consideration of the application.

D. ENFORCEMENT

When the violation of any provision of this chapter shall be found to exist, the Town Council

or the Code Enforcement Officer is hereby authorized and directed to institute in the name of the Town any and all actions and proceedings that may be appropriate or necessary to the enforcement of the provisions of this chapter.

E. FINES AND PENALTIES

1

Any person, firm, corporation or other legal entity who conveys or offers to convey, including

by rental or lease, land within a proposed development before receiving Final


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Approval as required by this Chapter shall be subject to the fines and penalties contained in 30-A MRSA Section 4452.

F. VARIATION 1) A variation in the strict application of this chapter or a provision thereof may be

permitted only where in the opinion of the Planning Board, strict application to the developer and his property would cause undue hardship, or would not be in the best interest of the Town, or would be waived according to Paragraph 2 following.

2) The Planning Board may waive the procedures leading up to the Final Approval

required under Sections III and IV of this chapter when, in its opinion, the development is not of potential impact so as to require governance by this chapter or provisions thereof. The developer may make such request in writing to the Planning Board without appearing in person before it. In so waiving the requirements of those sections, the Planning Board shall nonetheless require a satisfactory description of the nature and extent of the development proposed in drawings and otherwise as necessary to provide a basis on which to give approval. The documents necessary to making application for a Building Permit may be sufficient for this purpose.

G. CONFLICT WITH OTHER ORDINANCES In any case where a provision of this chapter is found to be in conflict with a provision of any

other ordinance or code of the Town existing on the effective date of this Code, the provision which establishes the higher standard for the promotion of health an safety shall prevail.

H. APPEALS An appeal from any order, relief, or denial of the Planning Board may be taken by any party to

Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B. The hearing before Superior Court shall be a trial de novo without jury.

I. SEVERABILITY The invalidity of any section, subsection, paragraph, sentence, clause, phrase or word of this

chapter shall not be held to invalidate any other section, subsection, paragraph, sentence, clause, phrase or word of this chapter; to this end, the provisions of this chapter are hereby declared to be severable.

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SECTION II - PRE-APPLICATION A. CONFERENCE 1) Prior to formal application for approval, the developer may appear before the

Planning Board to discuss the proposed development. No binding commitments shall be made between the Town and the developer at this conference.

2) If the developer chooses to meet with the Planning Board in this manner, he shall

make request by due process that he be scheduled upon the agenda of a regular meeting of the Planning Board. At that meeting he shall appear with information sufficient to:

a) Locate the site and identify the zoning classification. b) Describe the site: its area, shape, and existing features, both natural and

man-made. c) Describe the general intent of development. If possible, materials (such as a

sketch plan) should be informally submitted to Planning Board staff to allow staff review prior to the meeting.

3) The Planning Board shall respond generally by indicating to the developer its

concerns and by making suggestions as to what may be possible.

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SECTION III - PRELIMINARY PLAN

A. APPLICATION

Complete written application for approval shall be filed with the staff of the Planning Board, together with the Preliminary Plan and all supporting information, at least three weeks prior to a regularly scheduled meeting of the Board. Such written application shall be on forms as prescribed by the Planning Board.

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order

1 shall be paid by the applicant to the Town of Gorham at the time of filing the

Preliminary Plan application:

1) Publishing and public notice fee;2

2) Application

3 fee; and

4

3) Independent consulting and peer review escrow account to be deposited with the

Town in accordance with Chapter II, Section IX of this Code.5

No fees shall be refunded except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If a subdivision application is also subject to site plan review under Chapter IV of this Code, or municipal review under any other ordinance, then the applicant shall pay only the larger review

6 fee

exclusive of escrow deposit. B. REQUIREMENTS

The Preliminary Plan application submitted by the developer shall consist of four copies of all

materials necessary to provide the following information. Where practical, sheet size of drawings shall be 24" x 30". The developer may request a waiver of requirements not relevant or not of substantial import to his proposal, in which case he shall list them.

1) Names of: project, Owner, Developer, Surveyor and/or Engineer and/or Architect.

2) Graphic and written scale, north point, date.

3) Location within the Town, abutting owners, boundaries of tract with accurate

distances and bearings.

4) Zoning District classification, proposed uses, special exceptions and variances required.

5) As applicable: building areas, lot areas and lot coverage ratios; net residential

density ratios; street frontages; front, side and rear setbacks; buffer strips; and distances between structures.







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6) Proposed dedications to open space or public use, and proposed restrictive covenants.

7) Proposed construction schedule and phasing of improvements.

8) Identification, approximate dimensions locating and sizing major features of the

development as proposed for approval, including as applicable, streets, drives, maneuvering space, parking areas, number of spaces, easements and rights-of-way, both within and adjacent to the development; lots or other divisions of land; heights and shapes of existing and proposed structures; and other improvements and facilities.

9) Widths and cross-sections including curbs and sidewalks of all proposed and existing streets as prescribed in Chapter II, Section V:C:1 of this Code; sight distances at proposed intersections with existing streets; directions of traffic flow; means of access for general, service, and emergency vehicles.

10) Existing and proposed topography in contours of two foot intervals with all elevations referred to U.S.G.S. datum, and indicating all grading and filling.

11) Location and boundaries of soil areas and their names in accord with the National Cooperative Soil Survey Classification, and identifying each soil for any separate area of one-eighth of an acre or larger in size. Such study shall be undertaken or approved as to its accuracy by the Cumberland County Soil and Water Conservation District as supplied with technical assistance by the Soil Conservation Service.

12) Location of any tests or studies made, such as percolation tests, sample borings, bearing studies, etc.

13) Location of existing and proposed modification of natural features such as water bodies, springs, streams, swamps and wetlands, woodlands, cleared areas, trees over 5 inch diameter, gullies and ravines, ledge and outcroppings.

14) Proposed planting, including buffer and screening provisions and integration with natural features.

15) Existing pattern of surface drainage, modifications proposed to it, flow on and from existing and proposed paved areas.

16) Location, size and type of existing and proposed sanitary and storm sewers identifying direction of flow. Description of proposed disposal of storm water and sewage, if connection to public storm and sanitary sewers is not proposed.

17) Location, size and type of existing and proposed water supply for both general consumption and fire protection.

18) Location of existing and proposed electric and telephone service.

19) Proposed means of snow removal, garbage and trash collection, and facilities necessary thereto.

20) Proposed storage areas, including facilities for maintenance of the proposed development.

21) Proposed outdoor recreation facilities.

22) Proposed conservation provisions.

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23) Where application is made for approval of development of only a portion of a larger tract, the developer shall submit a plan indicating the general form of future development over the remainder and its relationship to the proposed development as submitted for approval.

C. PRELIMINARY PLAN REVIEW 1) The Planning Board shall review the Preliminary Plan of the proposed development

as submitted. It shall verify the provision of all information as required under the preceding subsection B, and shall accept or deny any waivers requested as listed by the developer at its discretion. It may require the developer to undertake further studies as it deems necessary to ascertain that the public convenience, safety, health and welfare are protected, that the Town will not in the future incur extraordinary expense as a result of the development, either on or off the site, and that the environment will not be harmed unduly.

2) The Planning Board shall include in its review the following general and specific

requirements that the development as proposed for approval: a) Shall be in conformance with the Comprehensive Plan of the Town, and with

all pertinent State and local codes and ordinances, including the Performance Standards related to specific types of development which are stipulated in Chapter II.

b) Will not cause congestion or unsafe conditions with respect to use of the

highways or public roads, existing or proposed on or off the site. c) Will not place an unreasonable burden by either direct cause or subsequent

effect on the ability of the Town to provide municipal services including utilities, waste removal, adequate roads, fire and police protection, school facilities and transportation, recreational facilities, and others.

d) Has sufficient water supply available for present and future needs as

reasonably foreseeable. e) Will provide for adequate solid and sewage waste disposal for present and

future needs as reasonably foreseeable. f) Will not result in undue pollution of air, or surficial or ground waters, either on

or off the site. The Planning Board shall consider at least: the nature, location and course of all potential contaminants to the air or water; and particularly in respect to pollution of water, the elevation of the proposed development above bodies of water in the vicinity, the extent of flood plains, the nature of soil and subsoil both in their function as aquifers and in their ability to adequately support waste disposal-- the topography of the land and its relation to the movement and disposal of effluents, and the availability, adequacy and suitability of streams for the disposal of effluents.

g) Will not cause unreasonable soil erosion or reduction in the capacity of the

land to hold water so that a dangerous or unhealthy condition may result. h) Will not affect the shoreline of any body of water in consideration of

pollution, erosion, flooding, destruction of natural features and change of ground water table so that a dangerous or unhealthy condition may result.

i) Will respect fully the scenic or natural beauty of the area, trees, vistas,

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topography, historic sites and rare or irreplaceable natural or manmade assets.

3) Every subdivision shall be responsible for providing open space and recreational

land and facilities to meet the additional demands created by the residents of the subdivision. This requirement shall be met by the payment of a Recreational Facilities and Open Space Impact Fee in accordance with Chapter VII.

1

4) The requirements of this paragraph shall apply if an applicant chooses to create

open space and/or recreational land and facilities within the subdivision in addition to paying the impact fee. The reserved land shall remain private property owned in common by a homeowners association and must be of suitable dimension, topography and general character for the proposed use and must be reasonably accessible and open to use by residents of the development and may, at the applicant’s option, be open to the residents of the Town.

a) Land Improvements: The applicant shall improve the land according to

the proposed use of the land and the requirements of the Planning Board.

b) Owners Association: The Planning Board shall require as a condition of

approval for any subdivision with common recreational land and facilities and/or open space, that the lot owners form a homeowners association by written agreement to provide for the perpetual care of the recreation land and shall specify the rights and responsibilities of each lot owner with respect to the repair and maintenance of the land reserved for recreational or open space purposes. The homeowner’s association agreement shall be in a form acceptable to the town attorney and, upon approval by the Planning Board, shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of subdivision approval by the Planning Board. The agreement shall also contain a provision that allows the Town, at its option, to repair and maintain this land and charge the costs to the lot owners through the homeowners association in the event that the association fails to maintain the property as agreed, after the Town has first provided reasonable notice and an opportunity to cure.

2

5) The Planning Board shall decide on the acceptability of the Preliminary Plan and

shall issue its approval, conditional approval, or denial. It shall note all specific aspects which do not meet with its approval either in specifically satisfying the criteria listed in Subsections B and C above, in meeting the Performance Standards stipulated in Chapter II, or in generally providing for the protection and preservation of the public's health, safety and welfare. The Planning Board may grant its conditional approval of any or all aspects of the Preliminary Plan pending any changes required in order to bring it into conformance with its approval, or pending the results of further studies required of the developers as provided for in Subsection C:1 above.

6) The Planning Board shall issue a written notice through its minutes or otherwise, of its

decision within sixty days after complete application for a proposed development has been submitted. By mutual agreement between the Planning Board and the applicant, this period may be extended as necessary to permit the developer to seek an appeal on land use from the Zoning Board of Appeals.

SECTION IV - FINAL PLAN



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A. APPLICATION A request for Final Approval shall be made by the developer in writing to the Planning Board,

and shall be accompanied by the Final Plan, a Performance Guarantee and other materials as described herein. Application for Final Approval shall be made on forms as prescribed by the Planning Board.

B. REQUIREMENTS

1) The Final Plan shall be prepared by a registered professional surveyor or a registered

professional engineer. The Final Plan shall include the original drawn on permanent transparency material and three dark-line prints, all prepared to the same scale as the Preliminary Plan unless otherwise prescribed by the Planning Board as being necessary to show all details clearly. The seal(s) of the registered professional surveyor and/or engineer, and/or architect responsible for the Final Plan shall be affixed to all sheets. The plan drawing shall list all others submitted with it to include them by reference as part of the Final Plan. It shall also provide space for the Signatures of a legal majority of the Planning Board and the date of approval following the words, "Approved: Town of Gorham Planning Board." The following information shall be required:

a) All information required of the Preliminary Plan. b) The identification and location of all monuments, existing and proposed. c) Information sufficient to establish on the ground the exact location, direction,

width and length of every street and way line, easement, property line and boundary line.

d) The location, size and type of planting and landscaping for such parks,

esplanades or other open spaces as may be proposed or prescribed. e) Longitudinal profiles, radii of curves, and angles of intersections for all

proposed streets. 2) The Final Plan shall be accompanied by the following documents as applicable: a) Private restrictions and easements, conditions of sale and trusteeships, and

their periods of existence. b) A statement from the Superintendent of the Portland Water District of

conditions on which the District will supply water, and approving the size and location of mains, valves and hydrants proposed.

c) A statement from the Fire Chief of the Town of Gorham approving the

number, size and location of hydrants and their supply mains proposed. d) A statement from the Public Works Director if connection to public storm

sewers is proposed approving the location, diameter, slope and invert elevations of the storm sewers proposed.

e) Statements of approval of the means of sanitary sewerage proposed from

the appropriate State Agencies having jurisdiction, together with evidence of suitability of soil and/or water bodies to dispose of the effluent from the proposed treatment of sanitary wastes and from storm water run-off.

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f) Offers of cession in a form certified as satisfactory by the Town Attorney of all land included in streets, highways, parks or other open space ultimately to be dedicated for public use, or not specifically reserved by the developer.

g) Proof from the Board of Appeals of the granting of an appeal for a variance or special

exception, if required, and any conditions imposed.

C. IMPROVEMENT GUARANTEE

1) Purpose: Improvement guarantees shall be provided to ensure that the applicant has the financial capability to properly install and maintain the required street, utility, and other improvements. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.

1

2) Application:

a) Before the recording of final subdivision plats, or as a condition of final

subdivision plan approval, the Planning Board shall require and shall accept in accordance with the standards adopted by ordinance, the following guarantees:

(1) The furnishing of a performance guarantee in an amount equal to

one hundred twenty-five percent2 (125%) of the cost of installation

for proposed public or quasi-public improvements.

(2) Provision for a maintenance guarantee for a period not to exceed one (1) year after final acceptance of the improvement, in an amount not to exceed fifteen percent (15%) of the cost of the improvement. In the event improvements are covered by a performance or maintenance guarantee to another governmental agency, which guarantee is at least as stringent as that required hereunder, in which case, no performance or maintenance guarantee, as the case may be, shall be required by the Planning Board for such utilities or improvements.

(3) The time allowed for installation of the improvements for which the

performance guarantee has been provided may be extended by the Planning Board but for no more than two additional years.

b) Upon substantial completion of all required improvements, the developer

may notify the Planning Board of the completion or substantial completion of improvements, and shall send a copy of such notice to the appropriate municipal officials: The Director of Planning and Zoning, the Fire Chief, and/or the Town Engineer. The respective municipal officials shall inspect all improvements of which such notice has been given and shall file a report with the Planning Board indicating either approval, partial approval, or rejection. The cost of the improvements as approved or rejected shall be set forth.

c) The Planning Board shall approve, partially approve, or reject the

improvements on the basis of the report of the municipal officials.3



A Amended December 1, 2009

177 11/2004

d) Where partial approval is granted, the developer shall be released from all liability except for that portion of improvements not yet approved.

3) Performance and maintenance guarantees shall be provided by a variety of means

including, but not limited to, the following which must be approved as to form and enforceability by the Town Manager and Town Attorney: a) Security Bond. The applicant may obtain a security bond from a surety

bonding company authorized to do business in the state. b) Letter of Credit. The applicant may provide an irrevocable letter of credit

from a bank or other reputable lending institution. c) Escrow Account. The applicant may deposit cash, or other instruments

readily convertible into cash at face value, into a non interest bearing account with the Town. The applicant shall enter into an escrow agreement with the Town, which shall stipulate that the Town can withdraw the money upon forty-eight (48) hour notice to the applicant.

1

D. FINAL PLAN REVIEW

1) The Planning Board shall review the Final Plan of the proposed development as

submitted. It shall verify the provision of all information as required under the above subsections, and the provision of any additional information requested during the Preliminary Review. It shall examine any changes made subsequent to the Preliminary Plan for satisfactory correction.

2) The Planning Board shall approve or deny the Final Plan, taking into consideration

the general and specific requirements listed under this Chapter. 3) No Final Plan shall be approved by the Planning Board unless submitted by the

developer or his authorized agent within 12 months from the Issuance of Preliminary Approval.

4) The Planning Board shall issue a written notice directed to the applicant through its

minutes or otherwise, of its decision within thirty days after application for Final Approval has been submitted.

5) The approval of a Final Plan by the Planning Board shall not be deemed an

acceptance by the Town of the dedication of any street, or other public way or grounds.

6) The approval of a Final Plan shall be certified on the original tracing by the signatures

of a legal majority of the members of the Planning Board. 7) Two signed copies of the Final Plan as approved shall be retained by the Planning

Board (1) and the Town Clerk (1). If any subdivision of land is proposed in the Final Plan, all material required to be recorded by the Cumberland County Registry of Deeds shall be so submitted by the developer within thirty days of the date of written notice of Approval by the Planning Board.

8) Municipal subdivision approval granted prior to August 1, 1972 of any final plan or

other subdivision plat shall be deemed withdrawn unless said plan is recorded in the Cumberland County Registry of Deeds by August 1, 1982.


178 11/2004

SECTION V. IMPROVEMENTS1

In no event shall building permits be issued for more than 50% of the lots or units within a development until:

1. All required off-site public improvements have been completed, unless otherwise approved

by the Planning Board, based upon the Board’s determination that extenuating circumstances exist and an adequate performance guarantee is in place to ensure the completion of the uncompleted public improvements. For purposes of this section only, extenuating circumstances may include, but are not limited to, delays in related Town, State or federal improvement projects that impact the required public improvements or delays caused by weather or unforeseen site conditions. The Planning Board’s decision on whether extenuating circumstances exist to excuse completion of required off-site improvements prior to the issuance of more than 50% of the building permits shall be final.

2. All required streets are either constructed or the guarantee required by Chapter II, Section

V.E.4.f has been posted with and accepted by the Town. 3. All required stormwater facilities and erosion control measures have been installed, as

required by the approved plan, other than those facilities required as part of the development of an individual lot

4. Where the Planning Board has approved a phased development, this limitation shall apply to

each separate phase. Public improvements both on- and off-site shall be assigned to a phase of development as part of the Planning Board’s approval of the subdivision.

1Section added November 1, 2005

179 11/2004

CHAPTER IV: SITE PLAN REVIEW SECTION I - PURPOSE SECTION II - APPLICABILITY SECTION III - CLASSIFICATION OF PROJECTS SECTION IV - REVIEW AND APPROVAL AUTHORITY SECTION V - OPERATION OF SITE PLAN REVIEW COMMITTEE SECTION VI - CLASSIFICATION OF PROCEDURES SECTION VII - PROCEDURES FOR MINOR DEVELOPMENTS SECTION VIII - PROCEDURES FOR MAJOR DEVELOPMENTS SECTION IX - APPROVAL CRITERIA AND STANDARDS SECTION X - AMENDMENTS TO APPROVED PLANS SECTION XI - FEES SECTION XII - WAIVERS SECTION XIII - APPEAL OF PLANNING BOARD ACTIONS

180 11/2004

CHAPTER IV SITE PLAN REVIEW SECTION I - PURPOSE

A. In an era of increasing complexity in urban life, the development of private land can have a profound impact upon the cost and efficiency of public services, and upon those facilities and environmental qualities conducive to the well-being of citizens, such as open space and the efficiency and safety of vehicular and pedestrian movement. The regulations of Chapters I, II, and III of the Land Use and Development Code of the Town of Gorham are sufficient to advance those objectives and to protect the health, safety, convenience and general welfare of the citizens of the Town of Gorham where development involves only the construction of single and two-family dwellings and agricultural building units; but those regulations need to be supplemented when development involves commercial, retail, industrial, institutional uses or multiple family residential development to address site-specific concerns.

B. The purpose and objectives of these site plan review requirements and the site review

procedures for uses other than single-family and duplex dwellings in residential zones and agricultural uses and structures in Rural and Residential Districts are to:

1) Encourage originality, flexibility and innovation in site planning and development,

including the architecture, landscaping and graphic design of the development;

2) Discourage monotonous, drab, unsightly, dreary and inharmonious developments;

3) Conserve the Town's natural beauty and visual character and charm by insuring that structures, signs and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearances of structures, signs, and other improvements;

4) Protect and enhance the Town's appeal to its residents and visitors and thus

support and stimulate business and industry and promote the desirability of investment and occupancy in business, commercial and industrial properties;

5) Stabilize and improve property values and prevent blighted areas and, thus,

increase tax revenues;

6) Achieve the beneficial influence of pleasant environments for living and working on behavioral patterns and, thus, decrease the cost of governmental services;

7) Foster civic pride and community spirit so as to improve the quality and quantity of

citizen participation in local government and in community growth, change and improvement;

8) Sustain the comfort, health, tranquility and contentment of residents and attract new

residents by reason of the Town’s favorable environment; and

9) Conserve and protect the natural environment; And, thus, to promote and protect the health, welfare and safety of the Town.

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SECTION II - APPLICABILITY

A. The requirements of this section shall apply to the following:

1) The construction of any new, nonresidential building or structure, except for nonresidential structures that are less than 250 square feet in area and that meet the following requirements:

1

a. The proposed structure meets all applicable dimensional requirements for the

zoning district in which it is located; b. The proposed structure will not be located in any area designated on an

approved site plan or subdivision plan as open space, buffering, or drainage; c. The proposed structure will not be located in the Urban Commercial or Village

Centers Districts; and d. All other state and local permits required for the construction of the proposed

structure have been secured.

2) The expansion of an existing nonresidential building or structure, except for additions to nonresidential structures that are less than 250 square feet in additional area cumulatively over a 5-year period and that meet the following requirements:

2

a. The proposed addition meets all applicable dimensional requirements for the

zoning district in which it is located; b. The proposed addition will not be located in any area designated on an

approved site plan or subdivision plan as open space, buffering, or drainage; c. The proposed addition will not be located in the Urban Commercial or Village

Centers Districts; and d. All other state and local permits required for the construction for the proposed

addition have been secured.

3) The conversion of an existing building, in whole or in part, from residential to nonresidential use;

4) The construction of any new residential structure or development containing three

(3) or more dwelling units;

5) The modification or expansion of an existing residential structure which results in an increase in the number of dwelling units in the structure to three (3) or more;

6) The conversion of an existing nonresidential building or structure into a residential

use with three (3) or more dwelling units;

7) Except as otherwise provided under Chapter II, Section I (C), earth moving, removal, grading or filling activities which involve more than one thousand (1,000) cubic yards of material and which is not associated with a building construction project;

8) The construction or expansion of paved areas, including access drives and parking

lots; involving an area of more than one thousand (1,000) square feet, 9) The establishment of a new nonresidential use even if no buildings or structures are

proposed. except as provided in Subsection B.2 of this section, or1



182 11/2004

10) The construction of any residential condominium development as defined in Chapter I, Section V.

2

B. 1) This section does not apply to the construction or modification of single-family

homes or two-family homes that are not part of a residential condominium development, the construction or modification of a residential unit in conjunction with a lawful home occupation, the placement of manufactured housing on individual lots, agricultural buildings or structures, agriculture and forest management and timber harvesting activities.

3

2) Notwithstanding the requirements of Subsection A.9) above, site plan review shall

not be required for a change of use from an existing nonresidential use to a new nonresidential use if the following standards are met:

a. The new nonresidential use is a permitted use in the zoning district in which

it is proposed; b. The new nonresidential use will not substantially increase traffic or require

the addition of any new curb cuts or driveways or the modification of any existing curb cut or driveway. For purposes of this section a substantial increase in traffic shall consist of any one or more of the following: i. An increase in vehicle trips of 20% or more as determined using

standards set forth in the Institute of Traffic Engineers Trip Generation Manual, latest edition, as may be amended from time to time;

ii. An increase in the number of parking spaces required by Chapter

II, Section II, A; or iii. The proposed addition of a drive through service window; or

c. The new non-residential use will not create a substantial fire or safety hazard as determined by the Fire Chief;

d. The hours of operation will not exceed 6:00 A.M. to 10:00 P.M. e. The new nonresidential use will not require substantial changes to the

existing exterior of the building or to the lot in any district, except the Urban Commercial and Village Centers Districts, where any proposed changes to the exterior of the building or to the lot itself will require site plan review under the requirements of Chapter I, Sections IX and X; and

f. The area of the change of use in the existing building

4 does not exceed

20,000 SF of floor area in the Industrial District or 5000 SF of floor area in any other District.

5

C. No land, building or structure shall be used or occupied and no building permit, sign permit,

plumbing permit, or certificate of occupancy shall be issued for a development within the scope of this chapter unless and until a final plan of the development has been approved in accordance with the procedures set forth below.

6







183 11/2004

SECTION III - CLASSIFICATION OF PROJECTS

A. Projects subject to site plan review shall be divided into two (2) classes, Administrative Review Projects

1 and major developments:

1) An Administrative Review project shall be subject to Administrative Review and

shall include2 any project which:

a. Involves the construction or addition of fewer than fifteen thousand

(15,000)3 square feet of gross floor area in a nonresidential building or

structure in an Industrial District.

b. Involves the addition of less than twenty percent (20%) of the existing gross floor area but not more than ten thousand (10,000) square feet of floor area in a nonresidential building or structure in any district other than an Industrial District within any three-year period.

c. Involves the construction of less than ten thousand (10,000) square feet of

floor area in a nonresidential building or structure in a Rural District or Roadside Commercial District within any three-year period.

d. Involves the construction of less than two thousand (2,000) square feet of

floor area in a nonresidential building or structure in the Urban Residential, Suburban Residential, Village Center District, Urban Commercial District, Roadside Office District, Office Residential District or Narragansett Development District within any three-year period.

e. Involves the construction of a residential structure with four (4) or fewer

units.

f. Involves the modification or expansion of an existing residential structure in which the number of dwelling units after construction will be four (4) or less.

g. Involves the conversion of an existing residential building, in whole or in

part, to a nonresidential use with the exception of bed and breakfast establishments with public dining as an accessory use and inns, which shall be reviewed as major developments under this Chapter.

4

h. Involves earth moving, removal, grading or filling activities which involves

ten thousand (10,000) cubic yards of material or less and which are not subject to the gravel pit provisions of Chapter II, Section I (C).

i. Involves the construction or expansion of paved areas with fewer than ten

thousand (10,000) square feet of area within any three-year period.

2) Major development - A major development shall be any project requiring site plan review which is not classified as Administrative Review Project

5.






184 11/2004

SECTION IV - REVIEW AND APPROVAL AUTHORITY

A. Major Developments - The Planning Board is authorized to review and act on all site plans for major developments. In considering site plans under this section, the Planning Board may act to approve, disapprove or approve the project with such conditions as are authorized by this Chapter.

B. Administrative Review Projects

1 - The Site Plan Review Committee shall consist of the Town

Planner2, Town Engineer, Code Enforcement Officer, Police Chief, and Fire Chief or their

designees. It is authorized to review all site plans for these3 developments and may

approve, disapprove, or approve the project with such conditions as are authorized by this Chapter. Actions of the Site Plan Review Committee to approve an application or approve an application with conditions shall require the affirmative vote of all members of the Committee or their designees. The disapproval of one (1) or more members shall constitute denial of the application.

SECTION V - OPERATION OF THE SITE PLAN REVIEW COMMITTEE The Planning Director shall serve as Chairman of the Site Plan Review Committee and shall be responsible for calling meetings of the Committee, presiding at its meetings, and maintaining the records of the Committee. In the absence of the Planning Director or his designee, the Town Engineer shall serve as chairman pro tem. If any members of the Site Plan Review Committee shall be unable to attend any meeting of the Committee, he may designate another member of that department to serve in his place. Such designation shall be in writing and shall apply only to that meeting. This designee shall have all the power and authority as the department head. The Site Plan Review Committee shall meet biweekly on a day agreeable to the members of the Committee. Meetings of the Committee shall be advertised in the same manner as those of other Town committees and shall be open to the public. If a vacancy exists in any of the positions serving on the Committee, the Town Manager shall name an interim committee member with appropriate expertise in the respective department, until such vacancy is filled. SECTION VI - CLASSIFICATION PROCEDURES Upon receipt of an application for site plan review, the Town Planner

4 shall classify the application as a Major

Development or Administrative Review Development5.

SECTION VII - PROCEDURES FOR AN ADMINISTRATIVE REVIEW

6 OF DEVELOPMENTS

A. Pre-application Conference - Applicants for site plan review of an Administrative Review

7

development are encouraged to schedule a pre-application conference with the Town Planner

8. The purpose of this meeting is to familiarize the applicant with the review

procedures and submission requirements, and the approval criteria and to familiarize the Director with the nature of the project. No decisions relative to the plan may be made at this meeting.









185 11/2004

In connection with the pre-application review, the Town Planner1 may determine that an

on-site inspection be held to familiarize the Site Plan Review Committee with the project site. The on-site inspection shall be scheduled by the Town Planner

2 and shall be attended by

the applicant and/or the applicant's representative and members of the Site Plan Review Committee.

B. Application Procedure - The owner or his representative shall submit a formal application for

Administrative3 review and approval to the Office of the Town Planner

4. The application

shall consist of:

1) A fully executed and signed copy of the application for site plan review (provided by the Town);

2) One (1) original of the site plan on durable, permanent transparency material;

3) Seven (7) copies of a site plan and supporting documentation as described in

Subsection C; and

4) The required publishing and public notice, application5, and field inspection fees.

Upon receipt of an application, the Planning Office shall provide the applicant with a dated

receipt showing the nature of the application and the fees paid.

Within ten (10)6 working days of receipt of an application for an Administrative Review, the

Town Planner7 shall review the application and determine if the application meets the

submission requirements set forth in Subsection C. Prior to determining the completeness of the application and considering waiver requests, the Town Planner

8 may solicit the input

of other department heads, including those who participate in the Site Plan Review Committee. If the application is complete, the Town Planner

9 shall notify the applicant and

the Chairman of the Planning Board in writing of this determination and the action on any waivers and shall provide copies of the application to the Planning Office, Code Enforcement Office, Town

10 Engineer, Police Department and Fire Department. If the application is

incomplete, the Town Planner11

shall notify the applicant in writing of this determination, specify what additional materials or information are required to complete the application, and advise the applicant that the revised application package will be re-reviewed for completeness when it is resubmitted.

In addition, if the application is deemed to be complete, the Town Planner

12 shall notify all

abutters to the site as shown on the Assessor's records, in writing, that an application has been filed. This notice shall contain a brief description of the proposed activity and the name of the applicant. It shall advise the party that a copy of the application is available for inspection, that written comments on the application will be received and considered by the Site Plan Review Committee if submitted by the end of the departmental review period, and that they may request that the application be considered by the Committee at a meeting of the Committee. Failure of any abutter to receive such notice shall not be grounds for delay of any consideration of the application or denial of the project.










10Amended October 7, 2008



186 11/2004

C. Submission Requirements - The application for site plan review of an Administrative Review1

shall contain at least the following exhibits and information:

1) Seven (7) copies of written materials plus seven (7) sets of site plans, maps, or drawings containing the information listed below. The written materials shall be contained in a single report. The site plan, maps, or drawings shall be at a scale sufficient to allow review of the items listed under approval criteria, but in no case shall be more than fifty (50) feet to the inch for that portion of the tract of land being proposed for development:

a. General Information

1. Record owner's name, address, and phone number and applicant's

name, address and phone number if different

2. Location of all building setbacks, yards and buffers required by this Ordinance

3. Names and addresses of all abutting property owners, including

those in neighboring towns, if applicable

4. Sketch map showing general location of the site within the Town based upon a reduction of the Town tax maps

5. Boundaries of all contiguous property under the control of the

owner or applicant regardless of whether all or part is being developed at this time

6. The assessing tax map and lot number of the parcel or parcels

7. A copy of the deed to the property, option to purchase the property

or other documentation to demonstrate right, title or interest in the property on the part of the applicant

8. The name, registration number and seal of the architect, engineer

and/or similar professional who prepared the plan

9. A general description of the proposed activity or use.

b. Existing Conditions

1. Zoning classification(s) of the property and the location of zoning district boundaries if the property is located in two (2) or more zoning districts or abuts a different district.

2. Location and size of any existing sewer and water mains, culverts

and drains, on-site sewage disposal systems, wells, and power and telephone lines and poles on the property to be developed and of any that will serve the development from abutting streets or land.

3. Location, names, and present widths of existing streets and

rights-of-way within or adjacent to the proposed development.

4. Location, dimensions and ground floor elevations of all existing buildings on the site.


187 11/2004

5. Location and dimensions of existing driveways, streets, parking and loading areas and walkways on the site.

6. Location of intersecting roads or driveways within two hundred

(200) feet of the site.

7. Location of open drainage courses, floodplains, wetlands, stands of trees, and other important natural features, with a description of such features to be retained.

8. The direction of existing surface water drainage across the site.

9. Location, front view and dimensions of existing signs.

10. Location and dimensions of any existing easements and copies of

existing covenants or deed restrictions.

11. Location of the nearest fire hydrant, dry hydrant or other water supply for fire protection and any existing fire protection systems.

c. Proposed Development Activity

1. Location and dimensions of all provisions for water supply and

wastewater disposal and evidence of their adequacy for the proposed use including test pit data if on-site sewage disposal is proposed.

2. The direction of proposed surface water drainage across the site.

3. Provisions for handling solid wastes including the location and

proposed treatment of any on-site collection or storage facilities.

4. Location, dimensions, and ground floor elevations of all proposed buildings or expansion on the site.

5. Location and dimensions of proposed driveways, parking and

loading areas, and walkways.

6. Location, front view, materials, and dimensions of proposed signs together with the method for securing the sign.

7. Location and type of exterior lighting.

8. Proposed landscaping and buffering.

9. Schedule of construction, including anticipated beginning and

completion dates.

10. Location of all utilities, including fire protection systems.

11. Statement of any hazardous materials that will be stored or used on the site.

d. Supplemental Information

188 11/2004

If the Town Planner1 determines that the project has the potential for having

significant adverse impact on traffic flow or safety or on the environment, he may require the applicant to submit a traffic impact assessment and/or an environmental impact assessment.

The Town Planner

2 may require the applicant to provide a boundary survey

of the parcel if the property lines are not clearly and easily determined on the ground.

e. Approval Block

Space shall be provided on the plan for the five signatures of the Site Plan

Review Committee and the date, together with the following words, "Approved: Town of Gorham Site Plan Review Committees.

The applicant may request a waiver of any of the submission requirements. Such request shall be in writing and shall be made at the time of submission of the application. The request shall specify why the waiver is being sought. The Town Planner

3 shall review any requests for waivers

and shall act on those requests prior to determining the completeness of the application. Upon request, the Town Planner

4 shall waive any such

submission requirement as he determines unnecessary to allow the Site Plan Review Committee to determine the application's compliance with the approval standards.

D. Review Procedures - Within ten (10)

5 days of the application being determined to be

complete, the Planning Department, Code Enforcement Office, Town Engineer6, Police

Department, and Fire Department shall review the application and shall provide the Town Planner

7 with a written review of the application. These reviews shall evaluate the

application's conformance with the approval criteria and standards and identify any areas in which the department has questions about conformance with local ordinances. If any department fails to respond within the ten (10) working day review process

8, this shall mean

that the department has no concerns about the project.

1) No adverse comments9

If no adverse comments are received by the Town Planner

10 as a result of the

department review process and if no adverse written comments or written requests for a meeting of the Committee are received from an abutter to the project by the end of the ten (10) working

11 day review period, the Town Planner

12 shall:

a. Declare the application approved, sign the site plan, and have the members

of the Site Plan Review Committee sign the site plan,

b. Notify the applicant and Chairman of the Planning Board in writing of the approval, and













189 11/2004

c. Notify any abutter who requested to be notified or who commented on the application of the action.

2) Adverse comments

1

If adverse comments or questions are received by the Town Planner

2 as a result of

the departmental review process or from an abutter by the end of the ten (10) working

3 day review period, the Town Planner

4 shall:

a. Notify the applicant and Chairman of the Planning Board in writing of the

status of the review, including any comments received.

b. Schedule a staff workshop with the applicant within ten (10) working5 days.

This workshop is intended to provide the applicant with guidance on how the application could be modified to comply with the review criteria and standards and address concerns raised in the review process. This workshop shall be attended by the Town Planner

6 and the applicant and/or

his representative. Any department which provided adverse comment on the application shall also be represented at the staff review workshop.

3) Staff workshop

If a staff workshop is held, the staff shall present any concerns about the application

and any comments received from the public. The staff shall work with the applicant to attempt to resolve all issues. At this workshop the applicant shall be given the option of presenting the initial submission to the Site Plan Review Committee or revising the submission. If the applicant chooses to go to the Committee with the initial application, the Town Planner

7 shall schedule the application for consideration

at the next available Site Plan Review Committee meeting (but within twenty working

8 (20) days). If the applicant chooses to revise the application, the Town

Planner9 shall schedule the revised application for consideration by the Site Plan

Review Committee within twenty (20) working10

days of receipt of the revised application.

4) Site Plan Review Committee meeting

The Site Plan Review Committee shall consider the application at a regular meeting of the Committee. The Town Planner

11 shall notify the applicant, Chairman of the

Planning Board, media, and any abutters who commented on the application or requested a Committee meeting in writing of the date, time, and place of the meeting.

The applicant and/or his representatives shall be allowed to make a presentation on the application, address any comments made by the staff or public, and present any revisions to address these issues.












190 11/2004

Any abutters may comment on the application or ask questions of the applicant and/or his representatives. The focus of the Committee's review shall be on those areas of the application that produced adverse comments or raised questions.

The Site Plan Review Committee shall consider if the application complies with the standards and criteria of Section IX. If the Committee finds that the application conforms to these requirements, the Committee shall vote to approve the application. Approval by the Committee shall require the affirmative vote of all members of the Committee. The applicant, Chairman of the Planning Board, and any abutters who provide written comments or requested the Committee meeting shall be notified in writing of the Committee's action. The minutes of the Committee shall be adequate notification.

5) Appeal to the Planning Board

Any party aggrieved by the decisions of the Site Plan Review Committee may seek

an appellate review by the Planning Board. The appellant shall have ten (10) days in which to file such an appeal with the Chairman of the Planning Board. The appeal shall be in writing and shall specify why the appellant believes the action of the Committee was in error. The appeal shall be accompanied by a fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order.

1

If an appeal is filed, the application shall be placed on the agenda of the next regular

meeting of the Planning Board. The appellant, applicant, and any abutters who provide written comments or requested a Committee meeting shall be notified in writing of the Planning Board meeting. The Town Planner

2 shall provide members

of the Planning Board with copies of the application, supporting material, staff review comments, abutters' comments, and minutes of the staff workshop and Committee meeting at which the application was considered.

The Planning Board shall review on an appellate basis the existing record of

materials and shall determine if the application conforms to the approval criteria and standards. If the Board finds that the application conforms to the standards, it shall approve the application; otherwise, it shall deny the same.

The Town Planner

3 shall notify the appellant, applicant and abutters who

participated in the review of the action of the Planning Board.




191 11/2004

SECTION VIII - PROCEDURES FOR MAJOR DEVELOPMENTS

A. Pre-application conference - Applicants for site plan review of a major development are required to schedule a pre-application conference with the Planning Director. The purpose of this meeting is to review procedures and submission requirements, review the approval criteria, and familiarize the Director with the nature of the project. The Planning Director may ask other department heads/representatives to participate in the conference. No decisions relative to the site plan may be made at this meeting. Where appropriate to facilitate expeditious review, the Planning Director may schedule a pre-application conference site walk.

B. Application Procedure - The owner or his representative shall submit a formal application

for review and approval of a major development to the Office of the Planning Director. The application shall consist of:

1) A fully executed and signed copy of the application for site plan review (provided by

the Town),

2) One (1) original of the site plan on durable, permanent transparency material,

3) Fifteen (15) copies of a site plan and supporting documentation as described in Subsection C,

4) The required publishing and public notice, application

1, and independent consulting

and peer review fees. Upon receipt of an application, the Planning Office shall provide the applicant with a dated

receipt showing the nature of the application and the fees paid. Within fifteen (15) working days of receipt of an application for a major development, the

Planning Director shall review the application and determine if the application meets the submission requirements set forth in Subsection C. The Planning Director shall review any requests for a waiver from the submission requirements and shall act on these requests prior to determining the completeness of the application. Prior to determining the completeness of the application and considering waiver requests, the Planning Director may solicit the input of other department heads. Upon request, the Planning Director shall waive any such submission requirement as he determines unnecessary to allow the Planning Board to determine the application's compliance with the approval standards; provided, however, if the Planning Board determines that such submission is necessary, it may require the same. If the application is complete, the Planning Director shall notify the applicant and the Chairman of the Planning Board in writing of this determination and shall provide copies of the application to the Planning Office, Code Enforcement Office, Engineering Department, Police Department, and Fire Department. If the application is incomplete, the Planning Director shall notify the applicant in writing of this determination, specify what additional materials or information are required to complete the application, and advise the applicant that the revised application package will be re-reviewed for completeness when it is resubmitted.

C. Submission Requirements

The application for site plan review of a major development shall contain at least the following exhibits and information:

1) Fifteen (15) copies of written materials plus fifteen (15) sets of site plans, maps, or

drawings containing the information listed below. The written materials shall be


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contained in a single report. The site plans, maps, or drawings shall be at a scale sufficient to allow review of the items listed under approval criteria, but in no case shall be more than fifty (50) feet to the inch for that portion of the tract of land being proposed for development:

a. General Information

1. Record owner's name, address, and phone number and applicant's

name, address and phone number if different

2. Location of all building setbacks, yards and buffers required by this Ordinance

3. Names and addresses of all abutting property owners, including

those in neighboring towns, if applicable

4. Sketch map showing general location of the site within the Town based upon a reduction of the Town tax maps

5. Boundaries of all contiguous property under the control of the

owner or applicant regardless of whether all or part is being developed at this time

6. The bearings and distances of all property lines and the sources of

this information. The Planning Board may waive the requirement of a formal boundary survey when sufficient information is available to establish, on the ground, all property boundaries.

7. Assessing tax map and lot number of the parcel or parcels

8. A copy of the deed to the property, option to purchase the property

or other documentation to demonstrate right, title or interest in the property on the part of the applicant

9. The name, registration number and seal of the architect, engineer

and/or similar professional who prepared the plan.

10. A general description of the proposed activity or use. b. Existing Conditions

1. Zoning classification(s) of the property and the location of zoning district boundaries if the property is located in two (2) or more zoning districts or abuts a different district.

2. Location and size of any existing sewer and water mains, culverts

and drains, on-site sewage disposal systems, wells, and power and telephone lines and poles on the property to be developed and of any that will serve the development from abutting streets or land.

3. Location, names, and present widths of existing streets and

rights-of-way within or adjacent to the proposed development.

4. Location, dimensions and ground floor elevations of all existing buildings on the site.

5. Location and dimensions of existing driveways, streets, parking

and loading areas and walkways on the site.

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6. Location of all buildings within fifty (50) feet and the location of

intersecting roads or driveways within two hundred (200) feet of the site.

7. Location of open drainage courses, floodplains, wetlands, stands of

trees, and other important natural features, with a description of such features to be retained.

8. Direction of existing surface water drainage across the site.

9. Location, front view and dimensions of existing signs.

10. Location and dimensions of any existing easements and copies of

existing covenants or deed restrictions.

11. Location of the nearest fire hydrant, dry hydrant or other water supply for fire protection and any existing fire protection system.

12. Existing topography of the site shown with contour lines with a

two-foot interval.

c. Proposed Development Activity

1. A grading plan showing the proposed changes in the topography of the site at a two-foot contour interval. This plan may be combined with the site plan.

2. Location and dimensions of all provisions for water supply and

wastewater disposal and evidence of their adequacy for the proposed use including test pit data if on-site sewage disposal is proposed.

3. Provisions for handling solid wastes including the location and

proposed treatment of any on-site collection or storage facilities.

4. Location, dimensions, and ground floor elevations of all proposed buildings or expansion on the site.

5. Location and dimensions of proposed driveways, parking and

loading areas, and walkways.

6. Location, front view, materials, and dimensions of proposed signs together with the method for securing the sign.

7. Location and type of exterior lighting.

8. Storm water drainage and erosion control program showing:

a. The existing and proposed method of handling storm

water runoff.

b. The direction of flow of the runoff through the use of arrows.

c. Location, elevation, and size of all catch basins, dry wells,

drainage ditches, swales, retention basins, and storm sewers.

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d. Engineering calculations used to determine drainage

requirements based upon the 25-year 24-hour storm frequency, if the project will significantly alter the existing drainage pattern due to such factors as the amount of new impervious surfaces (such as paving and building area) being proposed and the pre and post development rates of runoff; provided, if clearly warranted in the professional opinion of the Town Engineer, the Town Engineer may require information on the storm frequency greater than that for the 25-year 24-hour storm.

e. Methods of controlling erosion and sedimentation during

and after construction

9. Location and nature of electrical, telephone and any other utility services to be installed at the site.

10. Building plans showing, at a minimum, the first floor plan and

elevations of all proposed principal and accessory buildings and structures and a schedule of the type, color, and texture of exterior surface materials.

11. A planting schedule keyed to the site plan indicating the varieties

and sizes of shrubs, trees, and other plants to be installed at the site.

12. Location and nature of any propose fire protection systems.

13. A statement of any hazardous materials that will be stored or used

on the site.

14. A schedule of construction, including anticipated beginning and completion dates.

d. Assessments of the Impact of the Project

1. A groundwater impact analysis prepared by groundwater

hydrologist for projects involving on-site water supply or sewage disposal facilities with a capacity of two thousand (2,000) gallons per day or greater. In addition, the Planning Board may require such an analysis if it determines that the relationship of the project to other activities creates concern about the quality or quantity of the groundwater.

2. A traffic impact analysis demonstrating the impact of the proposed

project on the capacity, level of service, and safety of adjacent streets, if the project will provide parking for fifty (50) or more vehicles or generate more than one hundred (100) trips during the A.M. or P.M. peak hour based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers.

e. Approval Block

Space shall be provided on the site plan for the seven (7) signatures of the

Planning Board and the date, together with the following words, "Approved: Town of Gorham Planning Board".

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The applicant may request a waiver of any of the submission requirements. Such request shall be in writing and shall be made at the time of submission of the application. The request shall specify why the waiver is being sought. The Planning Director shall review any requests for waivers and shall act on those requests prior to determining the completeness of the application.

D. Review Procedures - Within twenty (20) days of the application being determined to

be complete, the Planning Department, Code Enforcement Office, Engineering Department, Police Department, and Fire Department shall review the application and shall provide the Planning Director with a written review of the application. These reviews shall evaluate the application's conformance with the approval criteria and standards and identify any areas in which the department has questions about conformance with local ordinances.

1) Staff report - The Planning Director or his representative shall prepare a

written report summarizing the review comments and the application's conformance with the approval criteria. This report shall be provided to the applicant within thirty-five (35) days of the application being determined to be complete. If the staff report does not identify any issues with the application, a site walk shall be scheduled. If, however, the staff identifies concerns, a staff workshop shall be scheduled prior to scheduling a site walk.

2) Staff workshop - If the staff report identifies any concerns with the

application or any areas in which the staff does not believe that the approval criteria are met, the Planning Director shall schedule a staff workshop with the applicant. This workshop is intended to provide the applicant with guidance on how the application could be modified to comply with the review criteria and standards to address concerns raised in the review process. This meeting shall be attended by the Planning Director and the applicant and/or his representative. Any department that provided adverse comment on the application shall also be represented at the staff workshop. The staff shall work with the applicant to attempt to resolve all issues.

Within five (5) days of the staff workshop, the applicant shall advise the Planning Director of his intention with regard to the pending application. If the applicant desires, the Planning Director shall proceed with the processing of the application as submitted and schedule a site walk or the applicant may submit revised and/or supplemental material before processing of the application proceeds.

3) Supplemental submission - Based upon the results of the staff workshop,

the applicant may choose to revise the application and/or submit additional materials. These materials should address or rebut the issues raised in the staff review. Fifteen (15) copies of all new or revised materials shall be submitted. Revised materials shall be clearly labeled as revised and shall include the date of the revisions.

Within fifteen (l5) days of receiving a supplemental submission, the Planning Director shall

- Distribute copies of the supplemental materials to the department

heads for review.

- Prepare a revised staff report summarizing the current status of the application and the application's conformance with the approval criteria.

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- Provide the applicant and Chairman of the Planning Board with the

revised staff report.

- Schedule a site walk for the Planning Board.

4) Site walk - The Planning Board shall hold an on-site inspection of the proposed site for each application for site plan review of a major development. The site walk shall be held within fifteen (15) days of the issuance of the staff review report or revised review report if supplemental materials were submitted by the applicant. This time may be extended with the consent of the applicant if inclement weather or snow cover make a site walk impractical. The site walk shall be an official meeting of the Planning Board and notice of the site walk shall be provided to the Planning Board, staff, applicant, abutters, and the media in accordance with Town procedures.

At least five (5) days prior to the site walk, the Planning Director shall provide informational packets to the members of the Planning Board. These packets shall include:

- The application and any supplemental submissions. - The site review report - Any correspondence from the applicant or abutters.

The applicant and/or his representative shall attend the site walk. The applicant shall be responsible for assuring that the major features of the proposed development (i.e., roads, buildings, waterways, etc.) can be located on the face of the earth.

The site walk shall be directed by the Chairman of the Planning Board. The Chairman shall coordinate the inspection of the site and shall direct the discussion to assure that all members of the Planning Board and others in attendance receive the same information.

5) Public hearing - A public hearing on the application shall be held by the

Planning Board at its first regularly scheduled meeting following the site walk. This public hearing shall be scheduled by the Chairman of the Planning Board.

The Planning Department shall publish notice of the public hearing in a newspaper having general distribution in Gorham at least seven (7) days prior to the hearing. The department shall also provide the abutters to the site with written notice of the public hiring at least seven (7) days prior to the hearing. Failure of an abutter to receive a notice of the public hearing shall not be grounds for postponement of the hearing or denial of the application.

The public hearing shall be conducted by the Chairman of the Planning Board. The applicant and/or his representatives shall be allowed to present the application. Abutters or other parties with standing shall be allowed to present information or ask questions of the Board and/or applicant.

6) Consideration by the Board - Following the public hearing, the Planning Board shall consider the application and its conformance with the approval criteria and standards. Within sixty (60) days of the public hearing, the Planning Board shall complete its review of the application and

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shall take action on the application. The Board may extend this review period with the consent of the applicant.

If the applicant submits a revised application or supplemental submissions while the application is under consideration by the Planning Board, the Planning Board shall have at least thirty (30) days from the receipt of this material in which to make its decision, notwithstanding the sixty (60) day limit provided for above.

7) Conditions of approval - The Planning Board may impose conditions on the

approval of a site plan review for a major development. Any conditions imposed by the Planning Board must relate directly to the approval criteria and standards.

8) Improvement guarantee - The Planning Board may require the posting of

an improvement guarantee in such amount as is reasonably necessary to ensure the proper installation and one year of maintenance of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.

a. Application

1. As a condition of final site plan approval, the Planning Board may require and shall accept in accordance with the standards adopted by ordinance, the following guarantees:

a) The furnishing of a performance guarantee in an

amount equal to one hundred twenty five (125%)1

percent of the cost of installation for proposed public or quasi-public off-site improvements.

b) Provision for a maintenance guarantee for a

period not to exceed one (1) year after final acceptance of the improvement, in an amount not to exceed fifteen (15%) percent of the cost of the improvement. In the event improvements are covered by a performance or maintenance guarantee to another governmental agency, which guarantee is at least as stringent as that required hereunder, no performance or maintenance guarantee, as the case may be, shall be required by the Planning Board for such improvements.

c) The time allowed for installation of the off-site

improvements for which the performance guarantee has been provided may be extended by the Planning Board, but for no more than two additional years.

2. Upon substantial completion of all required improvements,

the developer shall notify the Planning Board of the completion or substantial completion of improvements, and shall send a copy of such notice to the appropriate municipal officials: the Director of Planning and Zoning,


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the Fire Chief, and/or the Town Engineer. The respective municipal officials shall inspect all improvements of which such notice has been given and shall file a report with the Planning Board indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

3. The Planning Board shall approve, partially approve, or reject the

improvements on the basis of the report of the municipal officials.

4. Where partial approval is granted, the developer shall be released from all liability except for that portion of improvements not yet approved.

a. Form of Guarantee

Performance and maintenance guarantees may be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Manager and Town Attorney:

1. Security Bond. The applicant may obtain a

security bond from a surety bonding company authorized to do business in the state.

2. Letter of Credit. The applicant may provide an

irrevocable letter of credit from a bank or other reputable lending institution.

3. Escrow Account. The applicant may deposit

cash, or other instruments readily convertible into cash at face value into a non interest bearing agreement with the Town, which shall stipulate that the Town can withdraw the money upon forty-eight (48) hours advance notice to the applicant.

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SECTION IX - APPROVAL CRITERIA AND STANDARDS The following criteria shall be used by the Site Plan Review Committee and the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Site Plan Review Committee or the Planning Board determines that the applicant has failed to meet one or more of these standards. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence sufficient to warrant a finding that all applicable criteria have been met.

A. Utilization of the Site - The plan for the development will reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities will be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas such as wetlands, steep slopes, flood plains and unique natural features will be maintained and preserved to the maximum extent. Natural drainage areas will be preserved to the maximum extent.

B. Access to the Site - Vehicular access to the site will be on roads which have adequate

capacity to accommodate the additional traffic generated by the development. For developments which generate one hundred (100) or more peak hour trips based on the latest edition of the Trip Generation Manual of the Institute of Traffic Engineers, intersections on major access routes to the site within one (1) mile of any entrance road which are functioning at a Level of Service of C or better prior to the development will function at a minimum at Level of Service C after development. If any intersection is functioning at a Level of Service D or lower prior to the development, the project will not reduce the current level of service.

The Planning Board of Site Plan Review Committee may approve a development not

meeting this requirement if the applicant demonstrates that:

1) A public agency has committed funds to construct the improvements necessary to bring the level of access to this standard, or

2) The applicant will assume financial responsibility for the improvements necessary to

bring the level of service to this standard and will guarantee the completion of the improvements within one (1) year of approval of the project.

C. Access into the Site - Vehicular access into the development will provide for safe and

convenient access.

1) Any exit driveway or proposed street will be so designed as to provide the minimum sight distance to meet the Maine Department of Transportation standards.

2) Points of access will be located to avoid hazardous conflicts with existing turning

movements and traffic flows.

3) The grade of any proposed drive or street will be a -2.0% for a minimum of five (5) feet from the existing pavement edge or to the centerline of the existing drainage swale. From the above control point, a grade of not more than -3% shall be required for a minimum of two (2) car lengths or forty (40) feet.

4) The intersection of any access drive or proposed street will function at a Level of

Service of C following development if the project will generate an ADT of one thousand (1,000) or more vehicle trips, or at a level which will allow safe access into and out of the project if less than one thousand (1,000) trips are generated.

5) Projects generating an ADT of one thousand (1,000) or more vehicle trips will

provide two (2) or more separate points of vehicular access into and out of the site.

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D. Internal Vehicular Circulation - The layout of the site will provide for the safe movement of passenger, service and emergency vehicles through the site.

1) Nonresidential projects will provide a clear route for delivery vehicles with

appropriate geometric design to allow turning and backing for WB-40 vehicles.

2) Clear routes of access will be provided and maintained for emergency vehicles around all buildings and will be posted with appropriate signage (fire lane - no parking).

3) The layout and design of parking areas will provide for safe and convenient

circulation of vehicles throughout the lot and will prohibit vehicles from backing out onto a street.

4) All roadways will be designed to harmonize with the topographic and natural

features of the site. The road network will provide for vehicular and pedestrian safety, all season emergency access, snow storage, and delivery and collection services.

E. Pedestrian Circulation - The development plan will provide for a system of pedestrian

circulation within and to the development. If the project is located in a village area, this system will connect with existing sidewalks if they exist in the vicinity of the project.

F. Storm water Management - Adequate provisions will be made for the disposal of all storm

water collected on streets, parking areas, roofs or other impervious surfaces through a storm water drainage system and maintenance plan which will not have adverse impacts on abutting or downstream properties:

1) To the extent possible, the plan will detain storm water on the land at the site of

development, and do so through the wise use of the natural features of the site. Storm water runoff systems will detain or retain water falling on the site such that the rate of flow from the site does not exceed the predevelopment rate. Discharge of additional storm water caused by the development onto adjacent properties will be prohibited unless written easements are obtained from the owners of such adjacent properties.

2) If the post development runoff is greater than predevelopment runoff, the developer

will demonstrate that downstream channel or system capacity is sufficient to carry the flow without adverse effects, or will be responsible for the improvements to provide the required increase in capacity.

3) All natural drainage ways will be preserved at their natural gradients and will not be

filled or converted to a closed system except as approved by the Planning Board and appropriate state agencies.

4) The design of storm water drainage systems will be based upon a storm frequency

established by the Town Engineer, consistent with the frequency that would otherwise be required under the Town's subdivision ordinance, and shall provide for the disposal of storm water without damage to streets, adjacent properties, or downstream properties.

5) The design of the storm drainage systems will be fully cognizant of upstream runoff

which must pass over or through the site to be developed.

6) The biological and chemical properties of the receiving waters will not be degraded by the storm water runoff from the development site. The use of oil and grease traps in manholes, the use of on-site vegetated waterways, and the reduction in use

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of deicing salts and fertilizers may be required, especially where the development storm water discharges into a gravel aquifer area or other water supply source.

G. Erosion Control - For all projects, building and site designs and roadway layouts will fit and

utilize existing topography and desirable natural surroundings to the fullest extent possible. Filling, excavation and earth moving activity will be kept to a minimum. Parking lots on sloped areas will be terraced to avoid undue cuts and fills, and the need for retaining walls. Natural vegetation will be preserved and protected wherever possible.

During construction, soil erosion and sedimentation of watercourses and water bodies will be

minimized by an active program meeting the requirements of the Cumberland County Soil and Water Conservation District's Best Management Practices.

H. Water Supply - The development will be provided with a system of water supply that

provides each use with an adequate supply of water meeting the standards of the State of Maine for drinking water. When required by Chapter II, Section IX., the project shall be served by public water provided by the Portland Water District.

If a public water supply system is to be used, the developer has secured in writing a

statement from the Water District that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to serve domestic water and fire protection needs.

I. Sewage Disposal - A sanitary sewer system will be installed at the expense of the developer

if the project is located within a sewer service area as identified by the sewer user ordinance. The Site Plan Review Committee or Planning Board may allow individual subsurface waste disposal systems to be used where sewer service is not available.

1) Upstream sewage flows will be accommodated by an adequately sized system

through the proposed development for existing conditions and potential development in the upstream area or areas tributary to the proposed development.

2) All components of sanitary sewerage facilities that connect to the Town system

have been designed by a professional engineer registered in the State of Maine and will be tested in full compliance with the design specifications and construction practices as established by the Town Engineer. The construction of sewer lines will include the construction of laterals to the property line of each lot where individual lots are created.

3) All individual on-site systems will be designed by a licensed soil evaluator in full

compliance with the Maine State Plumbing Code, as amended. Upon the recommendation of the Local Plumbing Inspector, the Site Plan Review Committee or Planning Board may require the location of reserve areas for replacement systems.

J. Utilities - The development will be provided with electrical and telephone service adequate to

meet the anticipated use of the project.

K. Natural Features - The landscape will be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil, and by retaining existing vegetation insofar as practical during construction.

1) Extensive grading and filling will be avoided as far as possible.

2) Cutting of trees on the northerly borders of the development will be avoided to the

extent possible to retain a natural wind buffer.

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L. Groundwater Protection - The proposed site development and use will not adversely impact either the quality or quantity of groundwater available to abutting properties or public water supply systems. Projects involving on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater have demonstrated that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.

M. Exterior Lighting - The proposed development will provide for adequate exterior lighting to

provide for the safe use of the development in nighttime hours.

1) All exterior lighting will be designed and shielded to avoid undue adverse impact on neighboring properties and rights-of-way.

2) Lighting shall be provided, at a minimum, in the following areas:

a. Entrances to facilities and recreation areas; b. Street intersections; c. Pedestrian crossings; and d. Entrance roads.

O. Waste Disposal - The proposed development will provide for adequate disposal of solid wastes and hazardous wastes.

1) All solid waste will be disposed of at a licensed disposal facility having adequate

capacity to accept the project's wastes.

2) All hazardous wastes will be disposed of at a licensed hazardous waste disposal facility and evidence of a contractual arrangement with the facility has been submitted.

P. Landscaping - The development plan will provide for landscaping to define street edges,

break up parking areas, soften the appearance of the development and protect abutting properties from adverse impacts of the development.

Q. Shoreland Relationship - The development will not adversely affect the water quality or

shoreline of any adjacent water body. The development plan will provide for access to abutting navigable water bodies for the use of occupants of the development.

R. Technical and Financial Capacity. The applicant has demonstrated that he has the financial

and technical capacity to carry out the project in accordance with this Code and the approved plan.

S. Buffering - The development will provide for the buffering of adjacent uses where there is a

transition from one type of use to another use and to screen service and storage areas. The buffer areas required by the district regulations will be improved and maintained.

T. Noise – The applicant has demonstrated that the development will comply with the

following noise regulations:1

The maximum permissible hourly A-weighted equivalent sound level produced by any activity regulated by this Ordinance shall be established by the time period and type of land use listed below in Table 1. The term A-weighted equivalent sound level shall be as defined by applicable American National Standards Institute (ANSI) Acoustical Terminology.

2

Table 1: Sound Level Limits: A-weighted hourly equivalent sound level

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Sound Level Limit (dBA) District

Daytime (7 am–7pm) Nighttime (7 pm–7am)

Residential: Urban, Suburban,

Rural, Village Center, Office

Residential 60 50

Industrial/Commercial: Urban

Commercial, Roadside

Commercial, Industrial,

Commercial/Office, Narragansett

Development

70 60

The district classification of a lot is determined by that lot’s zoning classification. Where two lots of differing district classifications abut, the residential sound level limit will apply.

Sound level limits shall apply at all lot lines of the facility or development where the sound is

produced including all Residential District lot lines. Measurements shall be taken in accordance with this Noise Ordinance, which is generally consistent with appropriate ANSI standards. Sound levels shall be measured at a height of at least five (5) feet (1.52 meters) above the ground surface using a Type 1 or Type 2 sound level meter (as defined by ANSI S1.4) at all major lot lines. The sound level meter and microphone shall be field calibrated at the site prior to and after conducting the sound level measurements. The sound level meter, microphone and field calibrator shall also have been calibrated by a certified acoustic laboratory within 12 months of field measurements.

2

Short duration repetitive sounds are a sequence of repetitive sounds which occur more than once within an hour, each clearly discernible as an event and causing an increase in the sound level of at least 6 dBA on the fast meter response above the sound level observed immediately before and after the event, each typically less than ten seconds in duration, and which are inherent to the process or operation of the development.

3

When routine operation of a development produces short duration repetitive sound, the following maximum limits shall apply:

4

(i) For the purposes of determining compliance with the above sound level limits, 5 dBA shall be

added to the measured hourly LAeq whenever short duration repetitive sounds result from routine operation of the development. The resultant adjusted A-weighted hourly equivalent sound shall not exceed the sound level limit (dBA) permitted in the district established by Table 1.

(ii) In addition to the hourly equivalent sound level (LAeq), the maximum sound level (LAFmax) of

the short duration repetitive sounds shall not exceed the following limits:

(a) At any protected lot line for which the zoning is in a Residential District (see Table 1): 65 dBA between 7:00 a.m. and 7:00 p.m., and

55 dBA between 7:00 p.m. and 7:00 a.m (b) At any protected lot line for which the zoning is in an Industrial/Commercial District (see

Table 1): 75 dBA between 7:00 a.m. and 7:00 p.m., and 65 dBA between 7:00 p.m. and 7:00 a.m.





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The noise levels established by this section do not apply at lot lines where the abutting property owner has granted a noise easement to the applicant. Such an easement shall state the abutting property owner agrees that the sound level limits at the shared property line can be exceeded a specified amount but not by more than 10 dBA above the applicable sound level limits. Any agreement or easement concerning noise levels shall be included in the reciprocal deeds, shall be only for the specific noise, land use and term covered by the noise easement and shall have no affect on the sound level limits applicable to other properties.

1

As part of the project application to the Town of Gorham, sufficient evidence shall be provided to demonstrate that a proposed new development or modification to an existing development will comply with applicable sound level limits of this section. Submissions to the Planning Board shall include the following:

2

1. Site Area Map – with scale or dimensions, showing the location and arrangement of the

proposed development in relation to surrounding land uses, lot lines, and zoning districts. 2. Noise Sources - descriptions, operating hours, and sound levels (octave band when

appropriate) for noise sources associated with a proposed development. 3. Noise Controls – descriptions, sketches with scales or dimensions, locations, and

expected noise reduction of proposed noise control measures required to meet the applicable sound level limits.

4. Combined Sound Level – calculations showing the combined sound level of all regulated noise sources for a proposed development and comparison to the applicable sound level limits.

Once a proposed development begins routine operation, the Planning Board may require demonstration that a proposed development meets the applicable sound level limits. Such a demonstration shall require that sound level measurements include representative daytime and/or nighttime periods for a duration adequate to quantify the loudest modes of routine operation. Measurements shall be conducted during suitable weather conditions and shall be generally consistent with applicable ANSI standards. Compliance measurements shall be conducted during periods of no measurable precipitation, when the ground is not covered with new, freshly fallen snow and downwind when the wind speed measured at 33 feet (10 meters) above the ground is equal to or greater than 5 miles per hour (1.52 meters per second). Wind speed can be measured on-site or taken from the Portland Jetport. A sound testing report shall be provided to the Town that includes a description of measurement procedures, identification of sound level instrumentation and calibration, descriptions of measurement locations, sound level measurements and field observations, measurement and analysis of short duration repetitive sounds, and weather conditions (wind speed and direction, temperature, humidity, cloud cover). Justification for measurements during weather conditions that do not adhere to the requirements set forth in this Noise Ordinance, if any, shall also be provided.

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SECTION X - AMENDMENTS TO APPROVED PLANS Approvals under this Ordinance are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, except de minimus changes as determined by the Planning Director which do not affect approval standards, is subject to review and approval as provided herein. The procedure for obtaining such review and approval shall be determined by the Planning Director based on the classification of the amendment itself under Section VI.

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SECTION XI - FEES

1

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order

shall be paid by the applicant to the Town

of Gorham at the time of filing site plan application:

A. Publishing and public notice fee;

B. Review fee; and

C. Independent consulting and peer review escrow account to be established with the Town in accordance with Chapter II, Section IX of this Code.

All fees shall be non-refundable except unexpended escrow deposits, which shall be refunded in accordance with Chapter II, Section IX, Subsection B of this Code. If a site plan application is also subject to subdivision review or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount exclusive of escrow deposit.


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SECTION XII - WAIVERS The Planning Board shall have the authority to waive specific site plan review requirements as may be reasonable and within the general purpose and intent of this district by an affirmative vote of at least five of the seven members, if the granting of a waiver shall not have a significantly adverse impact on the environment, the public health and safety, or the cost of providing municipal services. The applicant shall submit a waiver request in writing accompanying the site plan application submission. The Planning Board shall state upon its records the reasons for granting any specific site plan waiver.

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SECTION XIII - APPEAL OF PLANNING BOARD ACTIONS

Appeal of any actions taken by the Planning Board with respect to this Chapter shall be to the

Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B.

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CHAPTER V: FLOODPLAIN MANAGEMENT SECTION I – PURPOSE AND ESTABLISHMENT SECTION II - PERMIT REQUIRED SECTION III - APPLICATION FOR PERMIT SECTION IV - APPLICATION AND INDEPENDENT CONSULTING FEES SECTION V - REVIEW OF FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION SECTION VI - DEVELOPMENT STANDARDS SECTION VII - CERTIFICATE OF COMPLIANCE SECTION VIII - REVIEW OF SUBDIVISION AND DEVELOPMENT PROPOSALS SECTION IX - APPEALS AND VARIANCES SECTION X - ENFORCEMENT AND PENALTIES SECTION XI - VALIDITY AND SEVERABILITY SECTION XII - CONFLICT WITH OTHER ORDINANCES SECTION XIII - DEFINITIONS APPLICABLE TO CHAPTER SECTION XIV - ABROGATION SECTION XV - WARNING AND DISCLAIMER OF LIABILITY

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CHAPTER V - FLOODPLAIN MANAGEMENT1

SECTION I – PURPOSE AND ESTABLISHMENT Certain areas of the Town of Gorham, Maine are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968. Therefore, the Town of Gorham, Maine has chosen to become a participating community in the National Flood Insurance Program, and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this Floodplain Management Ordinance. It is the intent of the Town of Gorham, Maine to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards. The Town of Gorham has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Title 30-A MRSA, Sections 3001-3007, 4352 and 4401-4407. The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the Town of Gorham having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. This Ordinance establishes a Flood Hazard Development Permit system and review procedure for development activities in the designated flood hazard areas of the Town of Gorham, Maine. The areas of special flood hazard, Zones A and A1-3O, are identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Town of Gorham, Maine, Cumberland County," dated April 15, 1981 with accompanying "Flood Insurance Rate Map" dated October 15, 1981 and "Flood Boundary and Floodway Map" dated October 15, 1981, which are hereby adopted by reference and declared to be a part of this Ordinance. SECTION II - PERMIT REQUIRED No "new construction" (as defined in Section XIII) or new placement of any "structure," including "manufactured home," nor new sewage disposal system shall be permitted in an area of special flood hazard. Before any construction activities involving existing structures or other "development" begins within any areas of special flood hazard established in Section I, a Flood Hazard Development Permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other building permits which may be required pursuant to the codes and ordinances of the Town of Gorham, Maine. SECTION III - APPLICATION FOR PERMIT The application for a Flood Hazard & Development Permit shall be submitted to the Code Enforcement Officer and shall include:

A. The name and address of the applicant; B. An address and a map indicating the location of the construction site within the Town; C. A site plan showing location of existing and/or proposed development, including but not limited to structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, storage or extraction areas, and the dimensions of the lot; D. A statement of the intended us of the structure and/or development;


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E. A statement of the cost of the development including all materials and labor; F. A statement as to the type of replacement sewage system proposed and a copy of a

Subsurface Wastewater Application (HHE-200 form); G. Specification of dimensions of any existing structure and any proposed improvement; [Items H-K.2 apply only to new construction and substantial improvements.] H. The elevation in relation to the National Geodetic Vertical Datum (NGVD), or to a locally

established datum in Zone A only, of the:

1. Base flood at the proposed site of all substantially improved structures, which is determined:

a. In Zones A1-30, from data contained in the "Flood Insurance Study - Town

of Gorham, Maine," as described in Section I; or, b. In Zone A, to be the elevation of the ground at the intersection of the

floodplain boundary and a line perpendicular to the shoreline which passes along the ground through the site of the proposed building;

2. Highest and lowest grades on the site adjacent to the walls of any substantially

improved building;

3. Lowest floor (as defined in Section XIII), including basement, of any substantially improved structures; and whether or not such structures contain a basement; and

4. level, in the case of non-residential structures only, to which any substantially

improved structure will be flood proofed;

I. A description of an elevation reference point established on the site of all substantially improved structures;

J. Either an Elevation Certificate (FEMA Form 81-31, 08/99, as amended) completed by a

Professional Land Surveyor, registered professional engineer or architect; or, for non-residential structures to be flood proofed, a Flood proofing Certificate (FEMA Form 81-65, 02/97, as amended) completed by a registered professional engineer or architect. These Certificates verify that the elevations shown on the application are accurate;

K. Certifications as required in Section VI by a registered professional engineer or architect

that:

1. Flood proofing methods for any non-residential structures will meet the flood proofing criteria of Section III.H.4.; Section VI.G.; and other applicable standards in Section VI;

2. Engineered hydraulic openings in foundation walls will meet the standards of

Section VI.L.3.; 3. Bridges will meet the standards of Section VI.M.; 4. Containment walls will meet the standards of Section VI.N.;

L. A description of the extent to which any water course will be altered or relocated, or flood

waters displaced or impeded, as a result of the proposed development; and,

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M. A statement of construction plans describing in detail how each applicable development standard in Section VI will be met.

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SECTION IV - APPLICATION AND INDEPENDENT CONSULTING FEES A non-refundable application fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid to the Code Enforcement Officer and a copy of a receipt for the same shall accompany the application. An additional fee may be charged to the applicant if the Code Enforcement Officer or Board of Appeals needs the assistance of an independent professional engineer or other expert. If the Town determines that an independent consultation is necessary, the applicant shall establish, before the Town retains any such consultant, an escrow account with an original deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order. Such account shall be administered, and funds expended and/or refunded, pursuant to Chapter II, Section IX of this Code. The expert's fee shall be paid in full by the applicant within 10 days after the Town submits a bill to the applicant. Failure to pay the bill shall constitute a violation of the ordinance and be grounds for the issuance of a stop work order. An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring in writing or been given an opportunity to be heard on the subject. An applicant who is dissatisfied with a decision of the Code Enforcement Officer may appeal that decision to the Board of Appeals.

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SECTION V - REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT APPLICATIONS The Code Enforcement Officer shall:

A. Review all applications for the Flood Hazard Development Permit to assure that proposed development sites are reasonably safe from flooding and to determine that all pertinent requirements of Section VI (Development Standards) have, or will be, met;

B. Utilize, in the review of all Flood Hazard Development Permit applications, the base flood

data contained in the "Flood Insurance Study - Town of Gorham, Maine," as described in Section I. In special flood hazard areas where base flood elevation data are not provided, the Code Enforcement Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data from federal, state or other sources, including information obtained pursuant to Section III, paragraph H. 1.b.; Section VI, paragraph K; and Section VIII, paragraph D, in order to administer Section VI of this Chapter;

C. Interpret the location of boundaries of special flood hazard areas shown on the maps

described in Section I of this Chapter; D. In the review of Flood Hazard Development Permit applications, determine that all

necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;

E. Notify adjacent municipalities, the Maine Department of Environmental Protection, and the

Maine Floodplain Management Program in the Maine State Planning Office prior to any alteration or relocation of a water course and submit copies of such notifications to the Federal Emergency Management Agency;

F. Issue one of the following Flood Hazard Development Permits based on the type of

development:

1. Issue a two-part Flood Hazard Development Permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with a second Elevation Certificate completed by a Professional Land Surveyor, registered professional engineer or architect based on the Part I permit construction, “as built," for verifying compliance with the elevation requirements of Section VI, paragraphs F, G, or H. Following review of the Elevation Certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the Flood Hazard Development Permit. Part II shall authorize the applicant to complete the construction project; or,

2. Issue a Flood Hazard Development Permit for Flood proofing of Non-Residential

Structures that are new construction or substantially improved non-residential structures that are not being elevated but that meet the flood proofing standards of Section VI.G.1.a.,b., and c. The application for this permit shall include a Flood proofing Certificate signed by a registered professional engineer or architect; or,

3. Issue a Flood Hazard Development Permit for Minor Development for all

development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor development also includes, but is not limited to: accessory structures as provided for in Section VI.J., mining, dredging,

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filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves and piers.

G. Maintain, as a permanent record, copies of all Flood Hazard development Permits issued

and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of Section IX of this chapter, and copies of Elevation Certificates, Flood proofing Certificates and Certificates of Compliance required under the provisions of Section VII of this Chapter.

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SECTION VI - DEVELOPMENT STANDARDS All development in areas of special flood hazard shall meet the following applicable standards:

A. All development shall:

1. Be designed or modified and adequately anchored to prevent flotation (excluding piers and docks), collapse, or lateral movement of the development resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2. Use construction materials that are resistant to flood damage;

3. Use construction methods and practices that will minimize flood damage; and,

4. Use electrical, heating, ventilation, plumbing, and air conditioning equipment, and

other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

B. Water Supply - All new and replacement water supply systems shall be designed to

minimize or eliminate infiltration of flood waters into the systems. C. Sanitary Sewage Systems - All replacement sanitary sewage systems shall be designed

and located to minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters.

D. On-Site Waste Disposal Systems - On-site waste disposal systems shall be located and

constructed to avoid impairment to them or contamination from them during flooding. E. Watercourse Carrying Capacity - All development associated with altered or relocated

portions of a watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.

F. Residential - Substantial improvement of any residential structure located within:

1. Zones A1-30, shall have the lowest floor (including basement) elevated to at least

one foot above the base flood elevation.

2. Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Section III, paragraph H.1.b.; Section V, paragraph B; or Section VIII, paragraph D.

G. Non Residential - Substantial improvement of any non-residential structure located within:

1. Zones Al-30, shall have the lowest floor (including basement) elevated to at least

one foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:

a. Be flood proofed to at least one foot above the base flood level so that

below that elevation the structure is watertight with walls substantially impermeable to passage of water:

b. Have structural components capable of resisting hydrostatic and

hydrodynamic loads and the effects of buoyancy; and,

c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. Such

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certification shall meet the requirements of Section III. K. and include a record of the elevation above mean sea level to which the structure is flood proofed and shall be provided with the application for a Flood Hazard Development Permit.,

2. Zone A shall have the lowest floor (including basement) elevated to at least one foot

above the base flood elevation utilizing information obtained pursuant to Section III, paragraph H.1 b; Section V, paragraph B; or Section VIII, paragraph D.

a. Together with attendant utility and sanitary facilities meet the flood proofing

standards of Section VI.G.I.

H. Manufactured Homes - Substantial improvement of manufactured homes located within:

1. Zones Al-30, shall:

a. Be elevated on such that the lowest floor is at least one foot above the base flood elevation; and,

b. Be on a permanent foundation, which may be poured masonry slab or

foundation walls, with hydraulic openings, or may be reinforced piers or block supports, any of which support the manufactured home so that no weight is supported by its wheels and axles; and,

c. Be securely anchored to an adequately anchored foundation system to

resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to:

1) Over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by,

2) Frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).

3) All components of the anchoring system described in Section VI, paragraph H. l. c. 1) & 2) shall be capable of carrying a force of 4800 pounds.

2. Zone A shall:

a. Be elevated on a permanent foundation, as described in Section

VI.H.1.b., such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation utilizing information obtained pursuant to Section III.H.1.b.; Section V.B; or Section VIII.D.; and

b. Meet the anchoring requirements of Section VI.H.1.c.

I. Recreational Vehicles - Recreational Vehicles located within:

1. Zones A1-30 shall either:

a. Be on the site for fewer than 180 consecutive days,

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b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or,

c. Be permitted in accordance with the elevation and anchoring

requirements for "manufactured homes" in Section VI.H.1.

J. Accessory Structures - Accessory Structures, as defined in Section XIII, located within Zones A1-30 and A, shall be exempt from the elevation criteria required in Section VI.F. & G. above, if all other requirements of Section VI and all the following requirements are met. Accessory Structures shall:

1. Be 500 square feet or less and have a value less than $3000;

2. Have unfinished interiors and not be used for human habitation;

3. Have hydraulic openings, as specified in Section VI.L.3., in at least two different

walls of the accessory structure;

4. Be located outside the floodway;

5. When possible be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and,

6. Have only ground fault interrupt electrical outlets. The electric service disconnect

shall be located above the base flood elevation and when possible outside the Special Flood Hazard Area.

K. Floodways:

1. In Zones A1-30, encroachments, including fill, new construction, substantial

improvement, and other development shall not be permitted in riverine areas for which a regulatory floodway is designated on the community's Flood Boundary and Floodway Map, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the Town during the occurrence of the base flood discharge.

2. In Zones Al-30, riverine areas for which no regulatory floodway is designated,

encroachments, including fill, substantial improvement, and other development, shall not be permitted unless a technical evaluation certified by a registered professional engineer is provided, demonstrating that the cumulative effect of the proposed development, when combined with all other existing development and anticipated development:

a. Will not increase the water surface elevation of the base flood more than

one foot at any point within the Town; and,

b. Is consistent with the technical criteria contained in Chapter 5 entitled "Hydraulic Analyses," Flood Insurance Study - Guidelines and Specifications for Study Contractors, (FEMA 37/September 1995, as amended).

3. In Zone A riverine areas for which no regulatory floodway is designated, the

regulatory floodway is considered to be the channel of the river or other water

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course and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high water mark to the upland limit of the floodplain. Encroachments, including fill, substantial improvement, and other development, shall not be permitted in the floodway unless a technical evaluation certified by a registered professional engineer is provided meeting the requirements of Section VI, paragraph K.2.

L. Enclosed Below the Lowest Floor - Substantial improvement of any structure in Zones

A1-30, and A that meets the development standards of Section VI, including the elevation requirements of Section VI, paragraphs F, G, or H, and is elevated on posts, columns, piers, piles, "stilts," or crawl spaces less than three feet in height, may be enclosed below the elevation requirements provided that all the following criteria are met or exceeded:

1. Walls, with the exception of crawl spaces less than three feet in height, shall not be

part of the structural support of the building; and,

2. Enclosed areas are not "basements" as defined in Section XIII; and,

3. Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either:

a. Be engineered and certified by a registered professional engineer or

architect: or,

b. Meet or exceed the following minimal criteria:

1) A minimum of two openings having a total net area of not less than one square inch for every square foot of the enclosed area:

2) The bottom of all openings shall be no higher than one foot above

the lowest grade; and, 3) Openings may be equipped with screens, louvers, valves, or other

coverings or devices provided that they permit the entry and exit of flood waters automatically without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means: and,

4) The enclosed area shall not be used for human habitation; and 5) The enclosed area may be used for building maintenance, access,

parking vehicles or storing of articles and equipment used for maintenance of the building.

M. Bridges - New construction or substantial improvement of any bridge in Zones A1-30

and A shall be designed such that:

1. When possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation; and

2. A registered professional engineer shall certify that:

a. The structural design and methods of construction shall meet the

elevation requirements of this section and the floodway standards of Section VI.K.; and

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b. The foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.

N. Containment Walls - Substantial improvement of any containment wall located within:

1. Zones A1-30 and A shall:

a. Have the containment wall elevated to at least one foot above the base flood elevation;

b. Have structural components capable of resisting hydrostatic and

hydrodynamic loads and the effects of buoyancy; and,

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. Such certification shall meet the requirements of Section III.K and include a record of the elevation above mean sea level to which the structure is flood proofed and shall be provided with the application for a Flood Hazard Development Permit.

O. Wharves, Piers and Docks - Substantial improvement of wharves, piers, and docks are

permitted in Zones A1-30 and A, in and over water and seaward of the mean high tide if the following requirements are met:

1. Wharves, piers, and docks shall comply with all applicable local, state, and

federal regulations; and

2. For commercial wharves, piers, and docks, a registered professional engineer shall develop or review the structural design, specifications, and plans for the construction.

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SECTION VII - CERTIFICATE OF COMPLIANCE No land in a special flood hazard area shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a Certificate of Compliance is issued by the Code Enforcement Officer subject to the following provisions:

A. For new construction or substantial improvement of any structure the applicant shall submit to the Code Enforcement Officer, an elevation certificate completed by a professional land surveyor, registered professional engineer, or architect, for compliance with Section VI, paragraphs F, G, or H.

B. The applicant shall submit written notification to the Code Enforcement Officer that the

development is complete and complies with the provisions of this ordinance. C. Within 10 working days, the Code Enforcement Officer shall:

1. Review the elevation certificate and the applicant’s written notification; and,

2. Upon determination that the development conforms with the provisions of this ordinance, shall issue a Certificate of Compliance.

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SECTION VIII - REVIEW OF SUBDIVISION AND DEVELOPMENT PROPOSALS The Planning Board shall, when reviewing subdivisions and other proposed developments that require review under other federal law, state law or local ordinances or regulations and all projects on 5 or more acres, or in the case of manufactured home parks divided into two or more lots, assure that:

A. All such proposals are consistent with the need to minimize flood damage. B. All public utilities and facilities, such as sewer, gas, electrical and water systems are located

and constructed to minimize or eliminate flood damages. C. Adequate drainage is provided so as to reduce exposure to flood hazards. D. All proposals include base flood elevation and, in a riverine floodplain, floodway data. These

determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.

E. Any proposed development plan must include a condition of plan approval requiring that

structures on any lot in the development having any portion of its land within a Special Flood Hazard Area, are to be constructed in accordance with Section VI of this ordinance. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.

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SECTION IX - APPEALS AND VARIANCES The Board of Appeals of Gorham may, upon written application of an aggrieved party, hear and decide appeals from determinations of the Code Enforcement Officer in the administration of the provisions of this chapter consistent with state law and the following criteria:

A. Variances shall not be granted for new construction of any structure, manufactured home, or sewage disposal system, as distinguished from substantially improved structures and manufactured homes or replacement sewage disposal systems.

B. Variances shall not be granted within any designated regulatory floodway if any increase in

flood levels during the base flood discharge would result. C. Variances shall be granted only upon:

1. A showing of good and sufficient cause; and,

2. A determination that should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, public expense, or create nuisances, cause fraud or victimization of the public, or conflict with existing local laws and ordinances; and,

3. A showing that the existence of the variance will not cause a conflict with other

state, federal, or local laws or ordinances; and, 4. A determination that failure to grant the variance would result in "undue hardship,"

which in this subsection means:

a. That the land in question cannot yield a reasonable return unless a variance is granted; and,

b. That the need for a variance is due to the unique circumstances of the

property and not to the general conditions in the neighborhood; and,

c. That the granting of a variance will not alter the essential character or the locality; and,

d. That the hardship is not the result of action taken by the applicant or a prior

owner.

D. Variances shall only be issued upon a determination that the variance is the minimal necessary, considering the flood hazard, to offered relief.

E. Variances may be issued by the Town for substantial improvements or other development

for the conduct of a functionally dependent use, provided that:

1. Other criteria of Section IX and Section VI.K. are met; and,

2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

F. Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of

Historic Structures upon the determination that:

1. The development meets the criteria of Section IX, paragraphs A. through D. above; and,

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2. The proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure’s continued designation as a Historic Structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

G. Any applicant who meets the criteria of this Section, paragraphs A through F, shall be

notified by the Board of Appeals in writing over the signature of the Chairman of the Board of Appeals that:

1. The issuance of a variance to construct a structure below the base flood level will

result in greatly increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage;

2. Construction below the base flood level increases risks to life and property; and,

3. The applicant agrees in writing that the applicant is fully aware of all the risks

inherent in the use of land subject to flooding, that the applicant assumes those risks and agrees to indemnify and defend the Town of Gorham, its officers, agents, and employees against any claims filed against it that are related to the applicant's decision to use land located in a floodplain, and that the applicant individually releases the Town of Gorham, its officers, agents, and employees from any claims the applicant may have against the Town that are related to the use of land located in a floodplain.

H. The Board of Appeals shall submit to the Code Enforcement Officer a report of all variance

actions, including justification for the granting of the variance and an authorization for the Code Enforcement Officer to issue a Flood Hazard Development Permit, which includes any conditions to be attached to said permit.

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SECTION X - ENFORCEMENT AND PENALTIES

A. It shall be the duty of the Code Enforcement Officer to enforce the Provisions of this Chapter pursuant to 30-A MRSA §4452.

B. The penalties contained in 30-A MRSA §4452 shall apply to any violation of this Chapter. C. In addition to any other actions, the Code Enforcement Officer, that a violation exists, shall

submit a declaration to the Administrator of the Federal Insurance Administration requesting a denial of flood insurance. The valid declaration shall consist of:

1. The name of the property owner and address or legal description of the property

sufficient to confirm its identity or location;

2. A clear and unequivocal declaration that the property is in violation of a cited state or local law, regulation, or ordinance;

3. A clear statement that the public body making the declaration has authority to do so

and a citation to that authority;

4. Evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and,

5. A clear statement that the declaration is being submitted pursuant to Section 1316

of the National Flood Insurance Act of 1968, as amended.

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SECTION XI - VALIDITY AND SEVERABILITY If any section or provision of this Chapter is declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this Chapter. SECTION XII - CONFLICT WITH OTHER ORDINANCES This Chapter shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, regulation, bylaw, permit, or provision of law. Where this Chapter imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this Chapter shall control. SECTION XIII - DEFINITIONS APPLICABLE TO CHAPTER Unless specifically defined below, words and phrases used in this Chapter shall have the same meaning as they have at common law and to give this Chapter its most reasonable application. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular. The word "may" is permissive; "shall" is mandatory and not discretionary. These definitions are to be applied to this Chapter only and do not define words or phrases used elsewhere in this Code unless specific reference is made elsewhere to this Section.

1. "Accessory Structure" - means a small detached structure that is incidental and subordinate to the principal structure.

2. "Adjacent Grade" - means the natural elevation of the ground surface prior to construction

next to the proposed walls of a structure.

3. "Area of Shallow Flooding" - means a designated AO and AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

4. "Area of Special Flood Hazard" - means the land in the floodplain having a one percent or

greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Section I of this Chapter.

5. "Base Flood" - means the flood having a one percent chance of being equaled or exceeded

in any given year, commonly called the 100-year flood.

6. "Basement" - means any area of the building having its floor subgrade (below ground level) on all sides.

7. "Building" - see "Structure."

8. "Certificate of compliance" - a document signed by the Code Enforcement Officer stating

that a development is in compliance with all of the provisions of this Chapter,

9. "Code Enforcement Officer" - any person responsible for performing the inspection, licensing, and enforcement duties required by a particular statute or ordinance.

10. "Development" - means, for purpose of this Chapter, any change caused by individuals or

entities to improved real estate, including but not limited to the construction of additions or substantial improvements to buildings or other structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; and the storage, deposition, or extraction of materials; public or private sewage disposal systems or water supply facilities.

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11. "Elevated Building" - means a non-basement building (i) built, in the case of a building in zones Al-30, or A to have the top of the elevated floor, elevated above the ground level by means of pilings, columns, posts, piers, or "stilts;" and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood. In the case of Zones Al-30, or A, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls less than three feet in height with hydraulic openings sufficient to facilitate the unimpeded movement of flood waters.

12. "Elevation Certificate" - An official form (FEMA Form 81-31, 08/99, as amended) that (i) is

used to verify compliance with the floodplain management regulations of the National Flood insurance Program, and, (ii) is required as a condition for purchasing flood insurance.

13. "Flood" or "Flooding" – means general and temporary condition of partial or complete

inundation of normally dry land areas from:

a. The overflow of inland or tidal waters.

b. The unusual and rapid accumulation or runoff of surface waters from any source.

c. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition.

14. "Flood Elevation Study" - means an examination, evaluation and determination of flood

hazards and, if appropriate, corresponding water surface elevations.

15. "Flood Insurance Rate Map" (FIRM) - means an official map of the Town, on which the Administrator of the Federal Insurance Administration has delineated both the special hazard areas and the risk premium zones applicable to the Town.

16. "Flood Insurance Study" see "Flood Elevation Study."

17. "Floodplain" or "Flood-prone Area" - means any land area susceptible to being inundated by water from any source (see definition of "Flooding").

18. "Floodplain Management" - means the operation of an overall program of corrective and

preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

19. "Floodplain Management Regulations" - means zoning ordinances, subdivision regulations,

building codes, health regulations, special purpose ordinances such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

20. "Flood Proofing" - means any combination of structural and non-structural additions,

changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

21. "Floodway" - see "Regulatory Floodway." 22. "Floodway Encroachment Lines" - mean the lines marking the limits of floodways on federal,

state, and local floodplain maps.

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23. "Freeboard" - means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

24. "Functionally Dependent Use" - means a use which cannot perform its intended purpose

unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

25. "Historic Structure" - means any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district; c. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1.) By an approved state program as determined by the Secretary of the Interior, or 2.) Directly by the Secretary of the Interior in states without approved programs. 26. "Locally Established Datum" - means, for purposes of this Chapter, an elevation established

for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas where Mean Sea Level data is too far from a specific site to be practically used.

27. "Lowest Floor" - means the lowest floor of the lowest enclosed area (including basement).

An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section VI of this Chapter.

28. "Manufactured Home" - means a structure, transportable in one or more sections, which is

built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For purposes of this Chapter, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

29. "Mean Sea Level" - means, for purposes of the National Flood Insurance Program, the

National Geodetic Vertical Datum Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Town's flood Insurance Rate map are referenced.

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30. "Minor Development" - means all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to: accessory structures as provided for in Section VI.J., mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.

31. "National Geodetic Vertical Datum (NGVD)" - means the national vertical datum, whose

standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called “1929 Mean Sea Level (MSL)”.

32. "New Construction" - means structures, including accessory buildings, or development for

which the "start of construction" commenced on or after the effective date of this Chapter. New construction is distinguished from substantial improvement or replacement of existing development.

33. "100-Year Flood" see "Base Flood."

34. "Regulatory Floodway" - (i) means the channel of a river or other water course and the

adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, and (ii) in Zone A is considered to be the channel of a river or other water course and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high water mark to the upland limit of the floodplain.

35. "Riverine" - means relating to, formed by, or resembling a river (including tributaries),

stream, brook, etc.

36. "Special Flood Hazard Area" - see "Area of Special Flood Hazard".

37. "Start of Construction" - means the date the building permit was issued, provided the actual start of original construction or placement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; not does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms.

38. "Structure" - means, for the purposes of this Chapter, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.

39. "Substantial Damage" - means, damage of any origin sustained by a structure whereby the

cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

40. Substantial Improvement" - means any repair, reconstruction, or improvement of a structure, the value of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For purposes of this definition "substantial improvement" is considered to occur at the first alteration of any wall, ceiling, floor, or structural part of the building, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement

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of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

41. "Variance" - means a grant of relief by the Town from the terms of this Chapter. 42. "Violation" - means the failure of a structure or other development to fully comply with this

Chapter.

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SECTION XIV - ABROGATION This Chapter repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

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SECTION XV - WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood height may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Town of Gorham or by any officer or employee thereof for any flood damage that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

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CHAPTER VI – WIRELESS TELECOMMUNICATIONS FACILITIES SECTION I – AUTHORITY SECTION II – PURPOSE SECTION III – APPLICABILITY SECTION IV – REVIEW AND APPROVAL AUTHORITY SECTION V – APPROVAL PROCESS SECTION VI – STANDARDS OF REVIEW SECTION VII – AMENDMENT TO AN APPROVED APPLICATION SECTION VIII – NONCONFORMING FACILITY SECTION IX – MAINTENANCE SECTION X – ABANDONMENT SECTION XI – APPEAL PROCEDURE SECTION XII – ADMINISTRATION AND ENFORCEMENT SECTION XIII – PENALTIES SECTION XIV – CONFLICT AND SEVERABILITY SECTION XV – DEFINITIONS SECTION XVI – EFFECTIVE DATE

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CHAPTER VI WIRELESS TELECOMMUNICATIONS FACILITIES

1

SECTION I - AUTHORITY This ordinance is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1 of the Maine Constitution; the provisions of Title 30-A M.R.S.A. Section 3001 (Home Rule), and the provisions of the Planning and Land Use Regulation Act, Title 30-A M.R.S.A. Section 4212 et seq. SECTION II - PURPOSE

The purpose of this ordinance is to provide a set of standards for the construction of wireless telecommunications facilities in order to:

- Implement a municipal policy concerning the provision of wireless communications

services, and the siting of their facilities;

- Encourage the provision of advanced telecommunications services to the largest number of businesses, institutions and residents of Gorham;

- Permit and manage reasonable access to the public rights of way of Gorham for

telecommunications purposes on a competitively neutral basis;

- Ensure that all telecommunications carriers providing facilities or services within Gorham comply with the ordinances of the Town of Gorham;

- Ensure that Gorham can continue to fairly and responsibly protect the public health,

safety and welfare; and to avoid potential damage to adjacent property through engineering and careful siting of tower structure;

- Minimize the total number of towers in Gorham through co-location requirements and

encourage multiple users on towers and tower sites, thus helping to minimize adverse visual impacts on the community;

- Enable Gorham to discharge its public trust consistent with rapidly evolving federal and

state regulatory policies, industry competition and technological development;

- Protect the scenic and visual characteristics of the community, as identified in its comprehensive plan or other municipally adopted plan, to the greatest extent possible;

- Further the goals and policies of the comprehensive plan, while promoting orderly

development of the town with minimal impacts on existing uses; and

- Protect the scenic and visual character of the community. SECTION III - APPLICABILITY This local land use ordinance applies to all construction and expansion of wireless telecommunications facilities, except as provided in Section 3.1.

3.1 Exemptions

The following are exempt from the provisions of this Chapter:

1 Section added May 2, 2000

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A. Temporary wireless communication facilities for emergency communications by public officials;

B. Amateur (ham) radio stations, with antennas of 25 feet or less, licensed by the

Federal Communications Commission (FCC); C. Parabolic Antennas less than 7 feet in diameter that are an accessory use of the

property; D. Maintenance, repair or reconstruction of a wireless telecommunications facility

and related equipment provided that there is no change in the height or any other dimension of the facility;

E. Temporary wireless telecommunications facility, in operation for a maximum

period of one hundred eighty (180) days and at a location that had been previously approved by the Town;

F. An antenna that is 25 feet or less that is an accessory use to a commercial or

residential dwelling unit;

G. Towers used to augment or facilitate the governmental business or primary governmental function of the Town of Gorham; and

H. Towers lawfully in existence on the date of passage of this ordinance that are

110 feet or less in height (provided that any such tower may expand an additional 20 feet from the height lawfully in place on the date of passage of this ordinance without requiring any additional review or approval under this ordinance).

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SECTION IV - REVIEW AND APPROVAL AUTHORITY. 4.1. Approval Required

No person shall construct or expand a wireless telecommunication facility without a permit.

A. Expansion of an existing facility and co-location. Except as otherwise provided,

in 3.1H, approval by the CEO is required for any expansion of an existing wireless telecommunications facility that increases the height of the facility by no more than twenty (20) feet in total after the adoption of this ordinance; accessory use of an existing wireless telecommunications facility; or co-location on an existing wireless telecommunications facility.

B. New construction. Approval of the Planning Board is required for construction of

a new wireless telecommunications facility; and any expansion of an existing wireless telecommunications facility that increases the height of the facility by more than twenty (20) feet.

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SECTION V - APPROVAL PROCESS 5.1 Pre-Application Conference

All persons seeking approval of the Planning Board under this ordinance shall meet with

the Town’s Planning Department no less than thirty (30) days before filing an application. At this meeting, the Planning Department shall explain to the applicant the ordinance provisions, as well as application forms and submissions that will be required under this ordinance.

5.2 Application

All persons seeking approval of the Planning Board or Code Enforcement Officer under

this ordinance must submit a completed application that complies with the requirements of the Town’s Land Use and Development Code and submit other pertinent information as determined by the Town.

A. Application for Code Enforcement Officer approval. Applications for permit

approval must include the following minimum materials and information:

1) Documentation of the applicant’s right, title, or interest in the property where the facility is to be sited, including name and address of the property owner and the applicant.

2) A copy of the FCC license for the facility or a signed statement from the

owner or operator of the facility attesting that the facility complies or will comply with FCC regulations.

3) Identification of districts, sites, buildings, structures or objects, significant

in American history, architecture, archaeology, engineering or culture, that are listed, or eligible for listing, in the National Register of Historic Places (see 16 U.S.C. 470w(5); 36 CFR 60 and 800).

4) A description of the design plan proposed by the applicant to include, at

least, location map and elevation drawings of the proposed facility and any other proposed structures, showing color and identifying structural materials.

5) Evidence that a notice of the application has been published in a

newspaper of general circulation in the community. 6) For proposed expansion of an existing facility, a signed statement that

commits the owner of the facility, and his or her successors in interest, to:

a) Respond in a timely, comprehensive manner to a request for

information from a potential co-location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing for a response;

b) Negotiate in good faith for shared use by third parties; c) Allow shared use if an applicant agrees in writing to pay

reasonable charges for co-location;

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d) Require no more than a reasonable charge for shared use based on community rates and generally accepted accounting principles. This charge may include but is not limited to a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

B. Application for Planning Board Approval. An application for approval by the

Planning Board must be submitted to the Planning Department. The application must include the following information:

1) Documentation of the applicant’s right, title, or interest in the property on

which the facility is to be sited, including name and address of the property owner and the applicant.

2) A copy of the FCC license for the facility, or a signed statement from the

owner or operator of the facility attesting that the facility complies with FCC regulations.

3) A USGS 7.5 minute topographic map showing the location of all

structures and wireless telecommunications facilities above 150 feet in height above ground level, except antennas located on roof tops, within a one (1) mile radius of the proposed facility, unless this information has been previously made available to the municipality. This requirement may be met by submitting current information (within thirty days of the date the application is filed) from the FCC Tower Registration Database.

4) A site plan:

a) Prepared and certified by a professional engineer registered in Maine indicating location, type, and height of the proposed facility, antenna capacity, on-site and abutting off-site land uses, means of access, setbacks from property lines, and all applicable American National Standards Institute (ANSI) technical and structural codes;

b) Certification by the applicant that the proposed facility complies

with all FCC standards for radio emissions is required; and

c) A boundary survey for the project performed by a land surveyor licensed by the State of Maine.

5) scenic assessment, consisting of the following:

a) Elevation drawings of the proposed facility, and any other proposed structures, showing height above ground level;

b) A landscaping plan indicating the proposed placement of the

facility on the site; location of existing structures, trees, and other significant site features; the type and location of plants proposed to screen the facility; the method of fencing, the color of the structure, and the proposed lighting method; and

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c) Photo simulations of the proposed facility taken from perspectives determined by the Planning Board or the Town Planner during the pre-application conference. Each photo must be labeled with the line of sight, elevation, and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.

d) A narrative discussing:

i) The extent to which the proposed facility would be

visible from within a designated scenic resources,

ii) The tree line elevation of vegetation within 100 feet of the facility; and

iii) The distance to the proposed facility from scenic

resources and noted view points, designated in the Town’s Comprehensive Plan Inventory.

6) A written description of how the proposed facility fits into the applicant’s

telecommunications network. This submission requirement does not require disclosure of confidential business information.

7) Written technical evidence from an engineer demonstrating that no

existing building, site or structure can accommodate the applicant’s proposed facility, which may consist of any one or more of the following:

a) Evidence that no existing facilities are located within the

targeted market coverage area as required to meet applicant’s engineering requirements;

b) Evidence that existing facilities do not have sufficient height or

cannot be increased in height at a reasonable cost to meet the applicant’s engineering requirements; and

c) Evidence that existing facilities do not have sufficient structural

strength to support applicant’s proposed antenna and related equipment. Specifically:

i) Planned, necessary equipment would exceed the

structural capacity of the existing facility, considering the existing and planned use of those facilities, and these existing facilities cannot be reinforced to accommodate the new equipment.

ii) The applicant’s proposed antenna or equipment would

cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna or equipment on the existing facility would cause interference with the applicant’s proposed antenna.

iii) Existing or approved facilities do not have space on

which planned equipment can be placed so it can function effectively.

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d) For facilities existing prior to the effective date of this ordinance, the fees, costs, or contractual provisions required by the owner in order to share or adapt an existing facility are unreasonable. Costs exceeding the pro rata share of a new facility development are presumed to be unreasonable. This evidence shall also be satisfactory for a tower built after the passage of this ordinance.

8) Identification of districts, sites, buildings, structures or objects, significant

in American history, architecture, archaeology, engineering or culture, that are listed, or eligible for listing, in the National Register of Historic Places (see 16 USC 470w(5); 36 CFR 60 and 800).

9) A signed statement stating that the owner of the wireless

telecommunications facility and his or her successors and assigns agree to:

a) Respond in a timely, comprehensive manner to a request for

information from a potential co-location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;

b) Negotiate in good faith for shared use of the wireless

telecommunications facility by third parties;

c) Allow shared use of the wireless telecommunications facility if an applicant agrees in writing to pay reasonable charges for co-location;

d) Require no more than a reasonable charge for shared use,

based on community rates and generally accepted accounting principles. This charge may include but is not limited to a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance, financing, return or equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate, over the useful life span of the facility.

10) A form of surety approved by the Planning Board to pay for the costs of

removing the facility if it is abandoned shall be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Manager and Town Attorney:

a) Security Bond. The applicant may obtain a security bond from a

surety bonding company authorized to do business in the state.

b) Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

c) Escrow Account. The applicant may deposit cash, or other

instruments readily convertible into cash at face value, into a non interest bearing account with the Town. The applicant shall enter into an escrow agreement with the Town, which shall

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stipulate that the Town can withdraw the money upon forty-eight hour notice to the applicant.

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5.3. Submission Waiver

The CEO or Planning Board, as appropriate, may waive any of the submission requirements based upon a written request of the applicant submitted at the time of application. A waiver of any submission requirement may be granted only if the CEO or Planning Board finds in writing that due to special circumstances of the application, the information is not required to determine compliance with the standards of this Chapter.

5.4. Fees

A. Application fee for approval by Code Enforcement Officer. A non-refundable

application fee in an amount(s) and for such purposes as the Town Council may from time to time establish by Council Order shall be paid by the applicant to the Town of Gorham at the time of filing of the Wireless Telecommunications Facilities application. The application shall not be considered complete and will not be processed until this fee is paid.

B. Application Fee for approval by Planning Board. A non-refundable application

fee for Planning Board approval shall include a non-refundable payment of an application fee established by the Town Council and amended from time to time in an amount(s) and for such purposes as the Town Council may from time to time establish by Council Order shall be paid by the applicant to the Town of Gorham at the time of filing of the Wireless Telecommunications Facilities application. The application shall not be considered complete until this fee is paid.

C. Independent Consulting and Peer

1 Review Fees. An applicant for approval by

the Planning Board shall pay all reasonable and customary fees incurred by the municipality that are necessary to review the application, per Chapter II, Section IX. The peer

2 review fee shall be paid in full prior to the release of the signed

permit and prior to the start of construction.

D. Notice of Complete Application

If the application is deemed to be complete, and requires Planning Board review, the Planning Department shall notify all abutters to the site as shown on the Assessor’s records, by first-class mail. This notice shall contain a brief description of the proposed activity and the name of the applicant, give the location of a copy of the application available for inspection, and provide the date, time, and place of the Planning Board meeting at which the application will be considered. Failure on the part of any abutter to receive such notice shall not be grounds for delay of any consideration of the application nor denial of the project.

5.5. Public Hearing

For applications for Planning Board approval under Section 5.2.B., a public hearing

shall be held.

5.6. Approval

A. CEO Approval. Within thirty (30) days of receiving a complete application for approval under Section 5.1(A) 5.2.A., the CEO shall approve, approve with



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conditions, or deny the application in writing, together with the findings on which that decision is based. The time period may be extended upon agreement between the applicant and the CEO. The CEO shall approve the application if the CEO finds that the application complies with the provisions in Section 7.16.1 of this ordinance.

The CEO shall notify all abutters of the decision to issue a permit under this

section.

B. Planning Board Approval. Within ninety (90) days of receiving a complete application under Section 5.2.B, the Planning Board shall approve, approve with conditions, or deny the application in writing, together with the findings on which that decision is based. However, if the Planning Board has a waiting list of applications that would prevent the Planning Board from making a decision within the required ninety (90) day time period, then a decision on the application shall be issued within thirty (30) days of the completed public hearing. This time period may be extended upon agreement between the applicant and the Planning Board.

C. Wireless Telecommunications Facilities Alternative Support Structures. Any

wireless telecommunications facilities, which are not attached to a tower may be permitted on any alternative support structure regardless of the zoning restrictions applicable to the zoning district where the structure is located. The owner of such structure shall, by written certification to the Code Enforcement Officer, Planning Board, establish the following at the time plans are submitted for a building permit:

1) That the height from grade of the Telecommunications Facilities shall

not exceed the height from grade of the alternative support structure by more than twenty (20) feet.

The Planning Board shall review the available design options and approve the design option that would cause the least disturbance to surrounding properties and views.

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SECTION VI. STANDARDS OF REVIEW To obtain approval from the CEO or the Planning Board, an application must comply with the standards in this section.

6.1. CEO Approval Standards

An application for approval by the CEO under Section 5.2.A. must meet the following

standards.

A. The proposed facility is an expansion, accessory use, or co-location to a structure existing at the time the application is submitted.

B. The applicant has sufficient right, title, or interest to locate the proposed facility

on the existing structure.

C. The proposed facility does not increase the height of the existing structure by more than twenty (20) feet.

D. The proposed facility will be constructed with materials and colors that match or

blend with the surrounding natural or built environment, and incorporate stealth design to the extent practicable.

E. The proposed facility, to the greatest degree practicable, will not have an undue

adverse impact upon districts, suites, buildings, structures or objects, significant in American history, architecture, archaeology, engineering or culture, that are listed, or eligible for listing, in the National Register of Historic Places (see 16 USC 470w(5); 36 CFR 690 and 800).

6.2. Planning Board Approval Standards

An application for approval by the Planning Board under Section 5.2.B. must meet the following standards.

A. Priority of Locations. New wireless telecommunications facilities must be

located according to the priorities below, with 1 as the highest priority, 2 the next highest priority, etc. The applicant must first demonstrate that a facility of a higher priority cannot reasonably accommodate the applicant’s proposed facility before approval of a new facility will be permitted.

1) Co-location on an existing wireless telecommunications facility or other

existing alternative support structure as defined in Section 15.

2) New facility on public or private property in an Industrial District.

3) New facility on public or private property in a Roadside Commercial District or Narragansett Development District.

4) New facility on public or private property in a Rural District.

5) Any other location allowed by this ordinance.

B. Siting on Municipal Property. If an applicant proposes to locate a new wireless

telecommunications facility, or expand an existing facility on municipal property, the applicant must show the following:

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1) The proposed location complies with applicable municipal policies and ordinances.

2) The proposed facility will not interfere with the intended purpose of the

property.

3) The applicant has a lease agreement with the municipality that includes reasonable compensation for the use of the property and other provisions to safeguard the public rights and interests in the property.

4) The applicant has adequate liability insurance of a minimum of

$1,000,000 coverage and has named the Town of Gorham as an additional insured. The Town may require higher limits of coverage where circumstances require more coverage to protect the community.

C. Design for Co-location. A new wireless telecommunications facility and related

equipment must be designed and constructed to accommodate future co-location of at least two additional wireless telecommunications facilities or providers.

D. Height. A new wireless telecommunications facility must not exceed the

following maximum height standards.

1a. Suburban Residential District 150 feet b. Manufactured Housing Park - Overlay District 150 feet

2a. Rural District Maximum height shall b. Roadside Commercial District be 150 feet, except c. Industrial District where there is evidence of acceptable design, an additional 20 feet of

height for each additional user is permitted, up to a maximum height of one hundred ninety (190) feet.

3a. Village Center District A free standing wireless b. Urban Commercial District telecommunication c. Urban Residential District facility is not allowed. d. Office-Residential District An expansion, or e. Commercial-Office District attachment to an f. Narragansett District alternative support g. Any other District structure, as defined in Section

15, of up to 20 additional feet of height is allowed, provided that the facility is not required to be lighted pursuant to FAA or FCC requirements.

E. Setbacks. A new or expanded wireless telecommunications facility must comply

with the set back requirements for the zoning district in which it is located, or be set back one hundred ten percent (110%) of its height from all property lines, whichever is greater; provided, however, these setback requirements shall not apply to co-location on structures that exist as of the date of adoption of this ordinance.

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In the districts where such towers are allowed, the setback may be satisfied by including the areas outside the property boundaries if secured by an easement. However, the setback may not be reduced to less than the standard setback for such districts in any case.

F. Landscaping. A new wireless telecommunications facility and related equipment

must be screened with plants from view by abutting properties, to the maximum extent practicable. Existing plants and natural land forms on the site shall also be preserved to the maximum extent practicable.

G. Fencing. A new wireless telecommunications facility must be fenced to

discourage trespass on the facility and to discourage climbing on any structure by trespassers.

H. Lighting. A new wireless telecommunications facility must be illuminated only as

necessary to comply with FAA or other applicable state and federal requirements. If lighting is required, the Planning Board shall review the available lighting options and approve the design option that would cause the least disturbance to surrounding properties and views. Security lighting may be approved as long as it is shielded to retain light within the boundaries of the site, to the maximum extent practicable, by using down-directional, sharp cutoff luminaries so that there is a minimum of spillage of illumination off-site.

I. Color and Materials. A new wireless telecommunications facility must be

constructed with materials and colors that match or blend with the surrounding natural or built environment, and incorporate stealth design to the maximum extent practicable. Unless otherwise required, muted colors, earth tones, and subdued hues shall be used.

J. Structural Standards. A structural engineer, licensed in the State of Maine, must

certify in writing that a new wireless telecommunications facility complies with the current Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.”

K. Underground Utilities and Access Road. Except for new facilities that are

attached to an alternate support structure, all wireless telecommunications facilities must be serviced by underground utilities and by an access road that provides space for at least one (1) vehicular parking space on site and is secured by a gate. Lots that have Wireless Telecommunications facilities do not have to meet the frontage requirements of Chapter I of the Land Use and Development Code.

The access road shall be constructed to the following minimum standards:

Minimum Required Right of Way Width 30 feet Minimum Travel Way Width 12 feet Paved Apron, at Intersection with

Paved Public Way 20 feet in length Maximum Grade at Street Intersection 5% Minimum Pavement Radii at Street Intersection 15 feet Minimum Centerline Radius 60 feet Minimum Grade 0.7% Depth and Type of Gravel Base Required 12” Type D

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Depth and Type of Surface Gravel Required 3” Type A or equal

Maximum Grade for gravel 6% for grades less than 6.0% Gravel for grades steeper than 6.0% 3” bituminous Storm Water Drainage per Town Engineer Terminus: A suitable turn around shall be located outside any fenced area and at the end of the access road

L. Noise. Except during construction, repair, or replacement, operation of a back-

up power generator at any time during a power failure, and testing of a back-up generator between 8 a.m. and 9 p.m. are exempt from noise standards.

M. Advertising. No advertising or signage is allowed on wireless telecommunication

facilities. N. Historic & Archaeological Properties. The proposed facility, to the greatest

degree practicable, must have no unreasonable adverse impact upon a historic district, site or structure which is currently listed or eligible for listing on the National Register of Historic Places.

6.3. Standard Conditions of Approval

The following standard conditions of approval shall be a part of any approval or conditional approval issued by the CEO or Planning Board . Where necessary to ensure that an approved project meets the criteria of this ordinance, the CEO or Planning Board can impose additional conditions of approval. Reference to the conditions of approval shall be clearly noted on the final approved site plan, and shall include the following language:

A. That the owner of the wireless telecommunications facility and his or her

successors and assigns agree to;

1) Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;

2) Negotiate in good faith for shared use of the wireless

telecommunications facility by third parties;

3) Allow shared use of the wireless telecommunications facility if an applicant agrees in writing to pay reasonable charges for co-location.

4) Require no more than a reasonable charge for shared use of the

wireless telecommunications facility, based on community rates and generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate, over the life span of the useful life of the wireless telecommunications facility.

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B. Upon request, the applicant shall certify continued compliance with all applicable FCC radio frequency emissions regulations.

SECTION VII. AMENDMENT TO AN APPROVED APPLICATION Any changes to an approved application must be approved by the CEO or the Planning Board, in accordance with Section 5.

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SECTION VIII. NONCONFORMING FACILITY Except as otherwise expressly provided in this ordinance, a nonconforming structure or use may not be enlarged or increased in size or any additional wireless telecommunications facilities added. A nonconforming structure that is discontinued in use for a period of more than one hundred eighty (180) consecutive days (except while under active repair or reconstruction) shall be considered abandoned and shall lose its grandfathered status. This ordinance shall not be interpreted to legalize any structure, facility, or use existing at the time this ordinance is adopted which structure, facility, or use is in violation of any other ordinance at the time of enactment. Notwithstanding the above, the CEO may grant approval for the addition of antennas and antenna mounts to a nonconforming structure under the standards set forth elsewhere in this Chapter, provided there is no accompanying increase in height, structural mass or tower lighting. In other cases, the Board of Appeals may grant approval for the enlargement, increase in size or additional facilities of a non-conforming structure, provided that:

A. The appearance of the structure will not be significantly [or extensively] more intrusive as viewed from abutting properties,

B. The Board of Appeals finds that the increase will be the least amount necessary, and C. It complies with the Special Exception Standards found in the Land Use and

Development Code.

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SECTION IX. MAINTENANCE

A. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.

B. Tower owners shall install and maintain towers, telecommunications facilities, wires,

cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere unreasonably with the use of other property, with regard to these electrical and safety codes.

C. All towers, telecommunications facilities, and antenna support structures shall at all times

be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person.

D. All towers shall maintain compliance with current RF emission standards of the FCC. E. In the event that the use of a tower is discontinued by the tower owners, the tower owner

shall provide written notice to the Town of Gorham of its intent to discontinue use and the date when the use shall be discontinued.

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SECTION X. ABANDONMENT A wireless telecommunications facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. The owner of an abandoned facility shall be notified in writing by the CEO to remove the facility within ninety (90) days of receipt of a written notice. The owner of the facility shall have thirty (30) days from the receipt of the notice to show that the facility has not been abandoned and has been in active use or under active repair during the period. If the Owner fails to show that the facility has been in active operation or under active repair, he or she shall have sixty (60) days to remove the facility. If the facility is not removed within this time period, the municipality may remove the facility at the owner’s expense. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its pre-construction condition, including the removal of roads, and re-establishment of plants. If a surety has been given to the municipality to ensure removal of the facility, the owner of the facility may apply to the Planning Board for release of the surety when the facility and related equipment are removed to the satisfaction of the Planning Board.

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SECTION XI. APPEAL PROCEDURE

A. Code Enforcement Officer Decision. Any person aggrieved by a decision of the Code Enforcement Officer shall commence their appeal within thirty (30) days of the issuance of a decision by following the appeals procedure established in Chapter I, Section IV (D) Appeals Procedure of the Land Use and Development Code of the Town of Gorham, as amended from time to time.

B. Planning Board Decision. Appeals of any actions taken by the Planning Board with respect

to the ordinance shall be to the Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B.

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SECTION XII. ADMINISTRATION AND ENFORCEMENT The Code Enforcement Officer shall enforce this ordinance. If the Code Enforcement Officer finds that any provision of this ordinance has been violated, the Code Enforcement Officer shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. The Code Enforcement Officer shall order correction of the violation and may take any other legal action to ensure compliance with this ordinance. The Code Enforcement Officer, with the approval of the Town Manager, is authorized to enter into administrative consent agreements for the purpose of resolving violations of this ordinance and recovering fines without court action. Such agreements shall not allow a violation of this ordinance to continue unless: there is clear and convincing evidence that the violation occurred as a direct result of erroneous advice given by an authorized municipal official upon which the applicant reasonably relied to its detriment and there is no evidence that the owner acted in bad faith; the removal of the violation will result in a threat to public health and safety or substantial environmental damage.

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SECTION XIII. PENALTIES Any person who owns or controls any building or property that violates this ordinance shall be fined in accordance with Title 30-A M.R.S.A., Sec. 4452. Each day such violation continues after notification by the CEO shall constitute a separate offense.

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SECTION XIV. CONFLICT AND SEVERABILITY

14.1 Conflicts with other Ordinances

This ordinance shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, regulation, bylaw, permit or provision of law. Whenever a provision of this ordinance conflicts with or is inconsistent with another provision of this ordinance or of any other ordinance, regulation, or statute, the more restrictive provision shall apply.

14.2 Severability

If any section or provision of this ordinance is declared by the courts to be invalid or

unconstitutional, such decision shall not invalidate any other part, section, or provision of this ordinance and shall remain in full force and effect.

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SECTION XV. DEFINITIONS Unless specifically defined below, words and phrases used in this Chapter shall have the same meaning as they have at common law and to give this Chapter its most reasonable application. The terms used in this Chapter shall have the following meanings:

A. “Antenna” means any system of poles, panels, rods reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals.

B. “Antenna Height” means the vertical distance measured from the base of the antenna

support structure at grade to the highest point of the structure, even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

C. “Alternative Support Structure” means any building or structure such as bell steeples, light

poles and water towers and other similar structures except towers which can be used for location of wireless telecommunication facilities.

D. “Co-location” means the use of a wireless telecommunications facility by more than one

wireless telecommunications provider. E. “Designated Scenic Resource” means that specific location, view or corridor, as identified

as a scenic resource in the municipality’s adopted comprehensive plan or by a State or federal agency, that consists of:

1) A three dimensional area extending out from a particular viewpoint on a public

way or within a public recreational area, focusing on a single object, such as a mountain, resulting in a narrow corridor, or a group of objects, such as a downtown skyline or mountain range, resulting in a panoramic view corridor; or

2) Lateral terrain features such as valley sides or woodland as observed to ether

side of the observer, constraining the view into a narrow or particular field, as seen from a viewpoint on a public way or within a public recreational area.

F. “Expansion” means the addition of antennas, towers, or other devices to an existing

structure. G. “FAA" means Federal Aviation Administration or its lawful successor, authorized by

Congress. H. “FCC" means Federal Communications Commission or its lawful successor, authorized

by Congress. I. “Height” means the vertical measurement from a point on the ground at the mean finish

grade adjoining the foundation as calculated by averaging the highest and lowest finished grade around the building or structure, to the highest point of the building or structure. The highest point shall exclude farm building components, flagpoles, chimneys, ventilators, skylights, domes, water towers, bell towers, church spires, processing towers, tanks, bulkheads, or other building accessory features usually erected at a height greater than the main roofs of buildings.

J. “Historic or Archaeological Resources” means resources that are:

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1) Listed individually in the National Register of Historic Places or eligible for listing on the National Register;

2) Certified or preliminary determined by the Secretary of the Interior as

contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary of the Interior to qualify as a registered historic district;

3) Individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of the Interior;

4) Individually listed on a local inventory of historic places in communities with

historic preservation programs that have been certified either (a) by an approved state program determined in the Secretary of the Interior, or (b) directly by the Secretary of the Interior in state without approved programs; or

5) Areas identified by a governmental agency such as the Maine Historic

Preservation Commission as having significant value as an historic or archaeological resource and any areas identified in the municipality’s comprehensive plan, which have been listed or are eligible to be listed on the National register of Historic Places.

K. “Public Recreational Facility” means a regionally or locally significant facility, as defined

and identified either by State statute or in the municipality’s adopted comprehensive plan, designed to serve the recreational needs of municipal property owners.

L. “Scenic Resources” means specific locations or corridors within the municipality, as

identified in its adopted comprehensive plans or by State statute, that consist of a vehicular right of way or vantage point that contains lateral terrain features such as valley sides or woodland as observed to either side of the observer, constraining the view into a narrow or particular field.

M. “Stealth Design” means any tower or telecommunications facility which is designed to

enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees. The term “Stealth” does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.

N. “Targeted Market Coverage Area” means the area which is targeted to be served by this

proposed telecommunications facility. O. “Tower” means a self-supporting lattice, guyed, or monopole structure constructed from

grade which supports Telecommunications Facilities. P. “Undue Adverse Impact” means an impact which would not have occurred without the

proposed development that violates a clear, written community standard(s), such as that enunciated in a locally adopted comprehensive plan; produces an end result which is out-of-character with the development’s surrounding; significantly diminishes the scenic qualities of the area; or, produces deleterious effects which stem from the result of the developer(s) which may have been prevented through mitigation activities, such as screening or coloration.

Q. “Wireless Telecommunications Facility” means any structure, antenna, tower, or other

device which provides radio/television transmission, commercial mobile wireless

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services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR), common carrier wireless exchange phone services, specialized mobile radio communications (SMR), common carrier wireless exchange access services, and personal communications service (PCS) or pager services.

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SECTION XVI. EFFECTIVE DATE Notwithstanding any law to the contrary, Chapter VI of this ordinance (Wireless Telecommunications Facilities) shall take effect as of October 25, 1999.

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CHAPTER VII – IMPACT FEES SECTION I – GENERAL Purpose Authority Payment of Impact Fees Impact Fee Accounts Use of Impact Fees Refund of Impact Fees Waiver of Impact Fees Review and Revision SECTION II – MIDDLE SCHOOL FACILITIES IMPACT FEE #1 (Repealed by Council vote, 03/03/09) SECTION III –RECREATIONAL FACILITIES AND OPEN SPACE IMPACT FEE #3 Description of the Improvements Need for the Improvement Activities Subject to the fee Calculation of the Fee

Effective Dates

SECTION IV - FORT HILL WATER MAIN EXTENSION IMPACT FEE Description of the Improvements Need for the Improvement Activities Subject to the fee Calculation of the Fee

Effective Dates

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CHAPTER VII IMPACT FEES1

SECTION I GENERAL

A. PURPOSE

The purpose of these impact fee provisions is to ensure that new development in Gorham will be accomplished in a safe and healthful manner and that such development will bear a proportional or reasonably related share of the cost of new, expanded, or modified infrastructure necessary to service the development through: 1) the payment of impact fees that shall be dedicated to paying for the needed improvements, or 2) the construction of appropriate improvements as provided for herein.

B. AUTHORITY

These impact fee provisions are adopted by the Town under the authority of 30A M.R.S.A. §4354 and its statutory and constitutional home rule provisions.

C. PAYMENT OF IMPACT FEES

The impact fees provided for under this chapter shall be determined in accordance with the provisions for calculation of each impact fee as established by the Town Council and set forth below. Where there is uncertainty as to the amount of the impact fee required to be paid by any development, the amount of the fee shall be determined by the Planning Board based upon the fee calculation methodology for that fee and the recommendation of the Town Planner. The impact fee shall be paid to the Town of Gorham in care of the Planning Department. The fee shall be paid prior to the issuance of any building, plumbing, or other permit for the development subject to the fee. The Town Council may approve the payment of impact fees over time in accordance with an approved payment schedule provided that appropriate arrangements are in place to guarantee collection of the fees.

D. IMPACT FEE ACCOUNTS

All impact fees collected under the provisions of this chapter shall be segregated and accounted for in separate impact fee accounts designated for the particular improvements in question. The impact fee accounts are as follows: 1) Middle School Facilities Impact Fee

2

2) Recreational Facilities and Open Space Impact Fee

3

3) Fort Hill Water Main Extension Impact Fee

4

E. USE OF IMPACT FEES

Impact fees collected under the provisions of this chapter shall be used only to pay for the capital cost of the infrastructure improvements specifically associated with each impact fee as described below. No portion of the fee shall be used for routine maintenance or operation activities.





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The following costs may be included in the capital cost of the infrastructure improvement: 1) Engineering, surveying, and environmental assessment services directly

related to the design, construction, and oversight of the improvement, 2) The actual construction of the improvement including, without limitation,

property acquisition costs, demolition costs, clearing and grading of the land, and necessary capital equipment,

3) Mitigation costs, 4) Legal and administrative costs associated with construction of the improvement

including any borrowing necessary to finance the project,

5) Debt service costs including interest if the Town borrows for the construction of the improvement,

6) Relocation costs, and 7) Similar costs that are directly related to the project.

F. REFUND OF IMPACT FEES

1) If a building permit is surrendered or lapses without commencement of construction, the developer shall be entitled to a refund, without interest, of any impact fee paid in conjunction with that project. In the case of a refund, the Town shall retain four (4) percent of the impact fee paid to offset a portion of the administrative cost of collection. A request for a refund shall be made in writing to the Town Planner and shall occur within ninety (90) days of the lapse or expiration of the permit.

2) Any fees collected that are not spent or obligated by contract for the specified

improvement by the end of the calendar quarter immediately following ten (10) years from the date the fee was paid shall be returned to the developer or its designee without interest.

G. WAIVER OF IMPACT FEES

The Town Council may, by formal vote following a public hearing, waive the payment of a required impact fee, in whole or in part, if it finds that:

1) The developer voluntarily agrees to construct the improvement for which the

impact fee would be collected, or

2) The developer is required, as part of a development approval by the Town or a state or federal agency, to make or to pay for infrastructure improvements that are of the same nature as the improvement to be funded by the impact fee, or

3) The infrastructure that the impact fee relates to has been created to attract

industry and the fee would be charged to an industrial use.

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H. REVIEW AND REVISION

The Town Council shall periodically review each impact fee established under this chapter at least once every five years. If the Council finds that the anticipated cost of the improvement has changed or that the identification of developments subject to the fee is no longer appropriate, the Council may propose changes in the impact fee. Any changes adopted as a result of such review shall apply to all future development but shall not be applied retroactively to projects that have already paid an impact fee.

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SECTION II MIDDLE SCHOOL FACILITIES IMPACT FEE #1

1

RESERVED


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SECTION III RECREATIONAL FACILITIES AND OPEN SPACE IMPACT FEE #21

A. DESCRIPTION OF THE IMPROVEMENTS

The Town is planning to expand the recreational facilities in the community to serve the needs of a growing population. The Town will use the revenue generated from the recreational facilities portion of this impact fee to undertake the following improvements to expand the supply of community-wide outdoor recreation facilities:

1) Continue to develop the so-called Chick Property as a multi-purpose community

recreational complex substantially in accordance with the June 2001 Feasibility Study conducted by DeLuca-Hoffman Associates and the Chick Property Master Plan approved by the Town Council on June 6, 2000.

2) Undertake Phase 2 of the recreational facilities development at the new Gorham Middle School as outlined in the conceptual site plan for that facility.

3) Prepare a master plan for the reuse and development of the Weeks Road property and a Master Plan for the so-called Gorham Savings Bank property and then begin to develop recreational facilities in accordance with the approved Master Plans.

4) Prepare a plan and design for the Little Falls Recreation area to increase the

number of playing fields and to begin developing those fields.2

5) The open space portion of the impact fee will be used to acquire land,

conservation easements and or/development rights, and improve conservation land to protect significant natural resources, conserve scenic values, preserve the community’s agricultural heritage, conserve the remaining supply of viable farmland, and provide areas for low-intensity recreational activities such as walking, bird-watching, cross-country skiing and similar activities that are consistent with the primary use of the property as open space or farmland.

B. NEED FOR THE IMPROVEMENT

The need for community recreation facilities, parks, and open space is a function of the size of the community’s population. As the community grows, it needs more recreation land, fields, facilities, playgrounds, natural areas, and open space. The Town’s adopted Comprehensive Plan identifies the need to expand the supply of recreational facilities and open space to serve a growing population. Similarly, the 1999 Long Range Facility Plan prepared by PDT Architects identifies the need for expanded recreational facilities to serve a growing population (see Impact Fee Methodology dated June 16, 2003). The Town has 0.0127 acres of park and recreation land per capita as of May 2003. The recreational facilities portion of the fee is designed to allow the Town to maintain the current ratio of land and park and recreational facilities as the population grows and creates the need for the expanded facilities.

Gorham has a total of 622 acres of community open space or a ratio of 0.0438 acres of community open space per capita as of May 2003. The open space portion of the fee is designed to allow the Town to maintain this ratio as the Town’s population grows.



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C. ACTIVITIES SUBJECT TO THE FEE

Any residential development activity that creates new dwelling units shall pay this impact fee based upon the expected population of the project considering typical occupancy rates. The following occupancy factors shall be used as a base for calculating the fee: Single family dwellings and mobile homes 3.2 people/unit Dwelling unit in a two-family or multi-family dwelling with: a. one bedroom 1.2 people/unit b. two bedrooms 2.0 people/unit c. three or more bedrooms 3.0 people/unit Dwelling unit in elderly or congregate 1.2 people/unit housing

This fee shall apply to the construction of any new dwelling unit whether or not such unit is part of a subdivision. It shall apply to conversion or alteration of an existing building that creates or increases the number of dwelling units in the building. In the case of a development activity that increases the number of dwelling units in a building, the impact fee shall apply only to the new dwelling units.

D. CALCULATION OF THE FEE

The recreational facilities and open space impact fee is the sum of the per capita cost of providing additional recreational facilities and the per capita cost of providing additional open space multiplied by the anticipated number of residents in the dwelling unit. The adjusted per capita recreational facilities fee is $457 (see Impact Fee Methodology dated June 16, 2003). The adjusted per capita open space facilities fee is $79. Combining the two portions of the fee results in an impact fee of $536 per capita.

1) The impact fee per dwelling unit for the following types of residential units shall

be: A single family dwelling including a $1,715 manufactured or modular housing unit placed

on a single-family lot, a mobile home or manufactured housing unit in a mobile home park, or a detached condominium unit

A dwelling unit in a two-family or multi-family dwelling including attached

condominium units with: a. one bedroom $ 643 b. two bedrooms $1,072 c. three or more bedrooms $1,608 A dwelling unit in elderly or congregate $ 643 housing

2) For any other type of residential use or where the application of the fee schedule is unclear, the Planning Board shall determine the applicable fee based upon the number of occupants that would be typically expected to live in the dwelling unit and the impact fee of $536 per capita.

3) In the situation where the number of dwelling units in an existing building is being

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increased, the impact fee due shall be the difference between the impact fee that would be due based upon the proposed utilization of the building minus the fee that would have been charged based upon the utilization of the building prior to the change.

E. EFFECTIVE DATES

Notwithstanding the provisions of 1 M.R.S.A. §302 or any other law, this ordinance, when enacted, shall govern any plan or application for approval or permits under the Land Use and Development Code submitted on or after November 11, 2003, and any such plan or application submitted before that date, but which had not received at least one substantive review, within the meaning of §302, on or before that date, by the Town board or official having authority to grant any such permit or approved.

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SECTION IV FORT HILL WATER MAIN EXTENSION IMPACT FEE1

A. DESCRIPTION OF THE IMPROVEMENTS

The Town plans to cooperate with the Portland Water District to install a sixteen (16) inch water main in the Fort Hill Road from Mercier Way to the intersection with the Huston Road, a distance of approximately 8,000 feet.

B. NEED FOR THE IMPROVEMENT

Development in the Fort Hill corridor north of the current terminus of the water main has relied on groundwater supplies provided through private wells. These wells provide limited supplies. Periodically, there have been some issues with the quality of these groundwater supplies. North of the current terminus of the water main, the Fire Department has access to only 2 all-season supplies in the Fort Hill area – the fire pond at the back side of the Fort Hill Farms development and a fire pond at the end of Long View Drive in the Martin Subdivision. These supplies leave much of the area between the terminus of the existing main and Huston Road, especially the area along Route 114, and to the west of Route 114, with almost no available supply of water for fire suppression. Most of Gorham Village is served by public water including hydrants for fire protection water supplies. The “Village water system” is a branch of the Portland Water District with a single connection via a pump station located near Main Street in the vicinity of Libby Avenue. This results in the entire “Village water system” being a long dead end with only a single source of supply.

As a result of this configuration, fire flows and pressures within Gorham Village are limited. While these limitations have not presented serious problems in terms of providing fire protection to the existing development in Gorham Village, continued growth in and around the Village will tax the ability of the current system to provide adequate flows and pressure for fire protection. The Portland Water District is planning to construct a new pumping station on the Huston Road. The long range plan of the District anticipates that this pump station will eventually be connected to Gorham Village through the construction of a water main in Fort Hill Road. The Water District proposes to install an oversized 16 inch main. This improvement, when and if it occurs, will provide public water service in the Fort Hill corridor from the terminus of the current main to the Huston Road intersection. This improvement will also provide a second source of supply for the “Village water system”. This interconnection will substantially improve fire flows and pressure in the portion of Gorham Village served by the existing water mains thereby providing capacity for new users in and around the Village. The planned resurfacing/reconstruction of the Fort Hill Road by the Maine Department of Transportation during 2004 combined with the Water District’s funding constraints make it unlikely that this improvement would be undertaken in the near future even with the development pressures in the area and the limited fire protection water supplies in the Village. The Town of Gorham proposes to work with the Portland Water District to accelerate the planned extension of the Fort Hill Road water main from its terminus in the vicinity of the Gordon Farm Subdivision northerly approximately 8,000 feet to the intersection with the Huston Road. This will enable the main to be installed in 2004 prior to the planned reconstruction of the Fort Hill Road. This will enable this main to be connected to the new Huston Road pumping station in the near future. Fire hydrants will be provided upon the length of the extension.

1 Section added June 1, 2004

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C. ACTIVITIES SUBJECT TO THE FEE Any development within the Fort Hill Water Main Extension Impact Fee Benefit District as shown on the map of said district dated April 26, 2004 on file with the Town Clerk shall be subject to the fee whether or not such use utilizes the Portland Water District system (see Fort Hill Water Main Extension Impact Fee Methodology dated April 27, 2004). This includes residential and nonresidential uses as well as additions to existing buildings that increase the water use of the property based upon design sewage flows from the Maine State Plumbing Code.

D. CALCULATION OF THE FEE The base impact fee shall be $650 per new single-family dwelling unit in Area A of the Benefit District and $200 per new single-family dwelling unit in Area B as shown on the Fort Hill Water Main Extension Impact Fee Benefit District map dated April 26, 2004 (see Fort Hill Water Main Extension Impact Fee Methodology dated April 27, 2004). New nonresidential buildings and structures, other new residential uses, and expansions of existing buildings that increase their water use shall be charged an impact fee based upon their likely water use, or increase in water use for existing buildings, based upon the design sewage flows from the Maine State Plumbing Code and base fees of $650 and $200 per 300 gallons per day of design flow. The impact fee shall be set at $650 for Area A and $200 for Area B for development that is subject to the fee in Fiscal Year 2003-04 and 2004-05 and the fee adjusted by 3% per year to account for the potential rate of inflation. This adjustment results in the following schedule of impact fees per single-family home or 300 gallons per day of design sewage flow for all other uses: Fiscal Year Area A Area B (7/1 to 6/30) 2003-04 $650 $200

2004-05 $650 $200

2005-06 $670 $206

2006-07 $690 $212

2007-08 $710 $219

2008-09 $732 $225

2009-10 $754 $232

2010-11 $776 $239

2011-12 $799 $246

2012-13 $823 $253

2013-14 $848 $261

2014-15 $874 $269

2015-16 $900 $277

2016-17 $927 $285

2017-18 $955 $294

2018-19 $983 $303 If the impact fee continues beyond 2018-19, the fee shall continue to increase at 3% per year. E. EFFECTIVE DATES Notwithstanding the provisions of 1 M.R.S.A. §302 or any other law, this ordinance, when enacted, shall apply to any project for which an application for a building permit under the Land Use and Development Code or other Town ordinance is submitted on or after June 1, 2004. The Fort Hill Water Main Extension Impact Fee shall terminate when the Town has collected $249,000 in impact fees under this provision.

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

Amended 03/04/08

STREET CLASSIFICATION & DESIGN STANDARDS

PUBLIC STREETS PRIVATE WAYS

Urban Rural Urban Rural Industrial/ Gravel Gravel Paved

Arterial Collector Subcollector Subcollector Access Access Commercial Service 1 Lot 2-6 Lots 7-10 Lots

Right of Way Width 60' - 100' 60' - 80' 50' 50' 50' 50' 50' - 80' 50' - 100' 50' 50' 50'

Shoulder Width 6' - 10' 4' 4' 4' 4' 4' 6' 4' 2' 2' 2'

Shoulder Type Paved Paved Gravel Gravel Gravel Gravel Gravel Gravel Gravel Gravel Gravel

Sidewalk *** One Side One Side None *** None *** *** None None None

Min. Pavement Width

(Add 8' of width for each lane of on-street

parking)

24' 24' 24' 22' 22' 20' 24' 18' 12' 18' 20'

Minimum Grade 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% 0.70% 0.70%

Maximum Grade ** AASHTO AASHTO 6-8% 6-8% 6-10% 6-12% 6% 6% 6-10% 6-10% 6-12%

Min. Centerline Radius AASHTO 350' 230' 230' 150' 150' 230' 130' 60' 60' 130'

Min. Tangent between curves of reverse

alignment

AASHTO 200' 200' 200' 100' 100' 200' - - - 100'

Min. angle of st. intersection for 60' from the

intersection

90 90 70 70 70 70 90 90 90 90 90

Min. dist. Between st. intersections

Same Side AASHTO 400' 300' 300' 300' 300' 400' 300' - 200' 200'

Opposite Side AASHTO 250' 200' 200' 200' 200' 250' 200' - 200' 200'

Max. Grade at Intersections within 60' of

intersection

AASHTO 2% 2% 2% 3% 3% 2% 2% 2% 2% 2%

Curb Radii at Intersections

90 ………….. AASHTO 20' 20' 20' 15' 15' 30' 20' 15' 15' 15'

70 - 90……… AASHTO 30' 30' 30' 30' 30' 40' 30' 15' 15' 30'

90 - 100 ……. AASHTO 40' 40' 40' 30' 30' 50' 30' 15' 15' 30'

Design Speed (mph) AASHTO 40 30 35 25 25 30 30 N/A N/A 25

Sight Distance

K Factor-Crest Vertical Curve 60 30 45 20 20 30 30 N/A N/A 20

K Factor-Sag Vertical Curve 70 40 50 30 30 40 40 N/A N/A 30

ADT - Average Daily Traffic 1000-3000 250-2000 250-1000 0-250 0-250 1000-3000 N/A N/A 0-60 0-250

Max. Length (Dead End Ways) 1500' 1500' 1500' 1500' 1500' 1500' None None None None 1500'

Turn around at Dead End **** **** ****

Stormwater Drainage * * *

* NOTE: AS REQUIRED BY THE TOWN ENGINEER

** NOTE: MAX. GRADE: LOWER PERCENTAGE PREFERRED; HIGHER PERCENTAGE W/TOWN ENGINEER APPROVAL

*** NOTE: MAY BE REQUIRED IF PLANNING BOARD DETERMINES THERE IS COMPELLING PUBLIC SAFETY REASON.

**** NOTE: PRIVATE WAYS SHALL MEET THE DESIGN REQUIREMENTS OF SECTION V,F.,4,a

NOTE: AASHTO means the latest edition of "A Policy on Geometric Design of Highways and Streets"

by the American Association of State Highway and Transportation Officials.

GORHAM LAND USE AND DEVELOPMENT CODE TABLE 2 Adopted 03/04/08

MINIMUM STANDARDS AND DIMENSIONS

PUBLIC STREETS PRIVATE WAYS1

Urban Rural Urban Rural Industrial/ Gravel Gravel Paved

MATERIAL Arterial Collector Subcollector Subcollector Access Access Commercial Service 1 Lot 2-6 Lots 7-10 Lots

Aggregate Sub-Base Courses

Type E 18' 12" 12" 9" 9" 9" 12" 6" - - -

Type D 15" 15" 15" 12" 12" 12" 15" 15" 12" 15" 15"

Crushed Aggregate Base Course 3" 3" 3" 3" 3" 3" 3" 3" 3" 3" 3"

1 1/2" Crushed, Type A, or Reclaimed

Hot Bituminous Pavement:

Total Thickness Compacted 6" 5" 5" 4" 4" 4" 5" 4" - - 2 1/2"

Base Course, B-Mix 2 - 2" 2 - 1 3/4" 2 - 1 3/4" 2 1/2" 2 1/2" 2 1/2" 2 - 1 3/4" 2 1/2" - - 1 1/2"

Base Course, HMA 19.0 mm 2 – 2” 3 ½” 3 ½” 2 ½” 2 ½” 2 ½” 3 ½” 2 ½” - - -

Surface Course, C-Mix 2" 1 1/2" 1 1/2" 1 1/2" 1 1/2" 1 1/2" 1 1/2" 1 1/2" - - 1"

Surface Course, HMA 9.5 mm 2” 1 ½” 1 ½” 1 ½” 1 ½” 1 ½” 1 ½” 1 ½” - - 2 ½”

Bituminous Concrete Sidewalk:

Crushed Aggregate Base Course 10" 10" 10"

Pavement Surface Course 2 - 1" 2 - 1" 2 - 1"

C-Mix or HMA 9.5 mm

NOTE: ALL METHODS AND MATERIALS TO MEET SPECIFIED CURRENT M.D.O.T. STANDARDS

1